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The Aurangabad Bench of the Bombay High Court recently heard a plea brought forth under Article 226 of the Constitution of India in the matter of Tejas Dugad and Ors. v. Union Of India and Ors. (Criminal Writ Petition No. 1715 of 2020, Criminal Writ Petition No. 1716 of 2020, Criminal Writ Petition No. 1717 of 2020, and Criminal Writ Petition No. 1718 of 2020).
The Aurangabad Bench of the Bombay High Court, comprising Justice TV Nalawade and Justice MG Sewlikar, heard the petition seeking disposal of the criminal proceedings initiated against the petitioners. The petitioners, the directors of Ganraj Ispat Private Limited, sought that the criminal proceedings initiated against them, alleging that they had committed tax fraud, be disposed off.
The petitioners had argued that the Chief Commissioner of the Central Goods and Services Tax had wrongly levied the GST liabilities on them and that they had failed to take into consideration the provisions of the Code of Criminal Procedure (CrPC).
The respondents, the Tax Department, contended that the tax liabilities had been levied on the petitioners because they had faked certain invoices amounting to Rs. 5.5 crores and that the tax liabilities for this sum of money amounted to Rs. 84 lacs.
The Court rejected the petitioners' plea that the criminal proceedings initiated against them should be disposed of and also stated their opinion on the interim order that had been previously granted. The Court, further elucidated that the interim order failed to take into consideration the investigation procedure and that it is important for justice to be dealt with that a proper investigation takes place.
The Court also ordered the directors to deposit Rs. 25,000 in the Court for costs within 4 weeks.
The Court opined that the nature of white-collar offenses is more grave than the nature of offenses that involve causing harm to the body because the former involves conspiring to commit the offense in question.
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