Page 194 - GSTL_2nd April 2020_Vol 35_Part 1
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96                            GST LAW TIMES                      [ Vol. 35
                                     State Counsel has further submitted that the evidence collected during investiga-
                                     tion shows that the bogus 18 firms in question have been got registered by the
                                     main accused Rajesh Mittal wherein in case of many of the firms, his own mail-
                                     ID or phone  number had  been used. It  has further  been submitted that  apart
                                     from providing his own mail-ID and phone number, he has been using a few
                                     other phone numbers and some mail-IDs as well.
                                            11.  The Learned State Counsel has submitted that as far as the proceed-
                                     ings under Section 122 of GST Act are concerned, the same can continue in addi-
                                     tion to the prosecution under provisions of IPC and that in the case of Rajesh and
                                     Inder Pratap Singh, they have been granted conditional bail only while Manish
                                     has been granted absolute bail. It has further been submitted that the purpose of
                                     Section  122 of GST Act is mainly to secure realization of tax which has been
                                     evaded and that in addition to proceedings under Section 122 of GST Act, the
                                     accused can be prosecuted for offences under Indian Penal Code if it is found
                                     that the accused have committed any cheating or forgery, as had been done in
                                     the present case.
                                            12.  I have considered rival submissions addressed before this Court.
                                     From the information collected by the police, the following information pertain-
                                     ing to 18 firms got incorporated/registered by the kingpin Rajesh Mittal apart
                                     from the firm M/s. Lalit Trading Company, can be discerned :-

                                      Sr.   Trade   Owner   (i) Mobile No.   (i) E-mail ID-at GST   Taxable    Total Tax
                                      No.   Name    Name   at GST Portal &   Portal & (ii) E-mail   Value
                                                           (ii) Mobile No.   ID-at E-way Bill
                                                            at E-way Bill     Portal
                                                               Portal
                                      1  M/s. Soni  Sonia D/o  (i) 8607870002  (i)  panipat34@gmail.   43,30,16,964  3,28,32,271
                                         Textiles   Sabira   (Sat Narayan)   com
                                                           (ii) 8607870002  (ii)  panipat34@gmail.
                                                                        com
                                      2  M/s.  Sri Sangeet S/o  (i) 9050007237  (i)  rkmit-  42,55,49,615  3,04,30,178
                                         Ramesh-  Sabira   (Sumit)      tal2011@gmail. com
                                         waram             9992000974   (ii)  rkmittal2011rk@
                                         Interna-          (Inder)      gmail.com
                                         tional
                                                           (ii) 9992000974
                                      3  M/s.     Inder    (i) 9050007237  (i)  panipat34@gmail.   32,05,51,590  2,24,46,239
                                         Shree    Pratap   (Sumit)      com
                                         Balaji   Singh S/o  9034697683   rkmittal2011rk@gmail.
                                         Wooltex   Ramesh   (ii) 9034697683  com
                                                  Chander               (ii)  rkmittal2011rk@
                                                                        gmail.com
                                      4  M/s.     Sumit S/o  (i) 9050007237  (i)  rkmittal2011@   40,43,46,448  3,07,79,207
                                         Radha    Raghunath  9050007238   gmail.com
                                         Kanheya   Tiwari   (Rajesh Mittal)   (ii)  rkmittal2011@
                                         Export            (ii) 9050007238  gmail.com
                                      5  M/s. Sidhi  Amit    (i) 9050007237  (i)  rkmittal2011rk@   2,95,88,22,070 16,86,65,367
                                         Vinayak   Kumar   9053330888   gmail.com
                                         Textiles   Tiwari S/o  (Inder)   (ii)  rkmittal2011rk@
                                                  Raghunath  (ii) 9053330888  gmail.com

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