Gopi Chand Chaudhary v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision : 18th of December, 2023 GOPI CHAND CHAUDHARY ....Petitioner

Versus

STATE OF HARYANA ....Respondent

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. Japsehaj Singh, Advocate for Mr. Aman Pal, Advocate for the petitioner .

Mr. A.K. Sehrawat, DAG, Haryana.

PANKAJ JAIN, J. (ORAL) This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case F.I.R. No.649 dated 24.10.2020 registered for the offences punishable under Sections 406, 419, 420, 465, 467, 468, 471 and Sections 409, 120-B IPC added later on at Police Station City Sirsa, District Sirsa.

2.

As per the contents of the FIR it has been alleged as under : "OFFICE OF DY EXCISE TAXATION COMMISSIONER (ST) SIRSA, VANIJYA BHAWAN, BARNALA ROAD SIRSA From Excise Taxation Officer Ward No. 5 Sirsa To The Superintendent of Police Sirsa No. 3603 / dated 11-12-19 Subject:-Regarding registration of FIR against Sh. Jitender Malik S/o Sh Jai Bhagwan R/o H.No 170, New Housing Board Barnala Road Sirsa, Prop M/s Jitender Trading Co., Near Gate No 3 Janta Bhawan Road Sirsa TIN 06932918998 Memo On the subject cited above, it is informed that firm in the name of M/s Jitender Trading Co., Sirsa TIN 06932918998 is found involved in

claiming bogus refund on account of input tax credit. During the assessment period 2011-12, this dealer has fraudulently obtained refund of Rs. 1475208/- by using false and fabricated documents which includes sale invoices of cigarettes regarding inter-state sale to Rajasthan, VAT D-3 forms showing sale of Cigarettes and C forms bearing No. R/C/2009/4434431. These refunds were obtained by using the above mentioned C forms procured from the dealers of Rajasthan who used to deal in the trading of tax free commodity i.e. khal, binola etc, on account of showing interstate sale of Cigarettes against said C forms.

On perusal of the record, it has been found that actually dealer has used forged and false documents of sale (as mentioned above) and without making any actual movement of goods during the course of interstate sale, dealer has obtained the refund to the tune of Rs. 1475208/-, This dealer has claimed input tax credit @21% on account of purchases of Cigarettes and further shown disposal of these goods @2% in the course of interstate sale against C forms. It has also been observed by the Special Team(Refund) in his report bearing No 45 dated 4.11.2015 that no taxable goods were sold in the course of inter state sale by M/s Jitender Trading Co.

, Sirsa, rather, in Rajasthan, against these C forms, tax free goods (khal/Binola) have been shown accounted for which shows that benefit of input tax credit has been claimed and obtained by M/s Jitender Trading Co., Sirsa despite the fact that no tax has been paid at any stage by the dealer, Moreover, claim of sale at concessional rate of tax against C forms has been claimed wrongly. In this way, by claiming false ITC and claiming sales at concessional rate of tax against the C forms by submitting false and fabricated documents, have caused revenue loss amounting to Rs. 3034695/- to the State Exchequer as per revision order No. 05D dated 11.11.2014. It is accordingly, requested to register FIR against Sh. Jitender Malik S/a Sh. Jai Bhagwan Ro H.M 170, New Housing Board Barnala Road Sirsa, Prop M/s Jitender Trading Co.

of IPC and any other penal law if applicable, for investigation in the matter as per law. s/d chap Singh Excise Taxation Officer Ward no. 5 Sirsa. Endst No 3604-05 /ti dated A copy is forwarded to the following for information please:- 1. The Excise Taxation Commissioner, Haryana Panchkula 2. The Dy Excise Taxation Commissioner (ST) Sirsa s/d chap Singh Excise Taxation Officer Ward no. 5 Sirsa."

3.

The FIR relates to allowing refund on the basis of forged and fabricated documents.

4.

State Counsel submits that role of the petitioner is similar to the one in the connected CRM-M Nos.57559, 60624 and 59913 of 2023. 5.

On the specific query being asked to Counsel representing the State as to what was the role of the petitioner in issuing refund to the accused-firm as unearthed in the investigation, he on instructions from the Investigating Officer submits that the petitioner used to charge 2% to 3% commission on refund.

6.

Having heard rival contention of the parties, this Court finds that the allegation in the FIR is w.r.t. the assessee having claimed refund wrongly by submitting forged and false documents of sale. Thus the role of the petitioner primarily relates to error in judgment. There is no such allegation that the petitioner acted in cahoots with the assessee to award refund illegally.

7.

It is not disputed by State Counsel that the Challan already stands presented. Investigation is complete and as on date the evidence w.r.t. meeting of minds between the petitioner and the main accused

remains amiss.

8.

The petitioner is stated to be 67 years old Senior Citizen earning pension from the State. It is also not disputed that the petitioner served State with clean record and has no criminal antecedents. 9.

In view of above this Court finds that there is no reason to prolong custody of the petitioner as a punitive measure. Resultantly, the present petition is allowed. The petitioner is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned.

10.

Needless to say that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case. December 18, 2023 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No