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KISHORE WADHWANI vs. STATE OF M.P.
(Madhya Pradesh High Court)

Hon'ble Judges:

VIRENDER SINGH
Pet. Counsel
Mukul Rohatgi
J. P. Mishra
Pranav Diesh
Res. Counsel
Vikramjit Banerjee
Prasanna Prasad

Petitioner / Applicant

KISHORE WADHWANI
Respondent STATE OF M.P.
Court Madhya Pradesh High Court
State

Madhya Pradesh

Date Aug 13, 2020
Order No.

M.Cr.C. No.26653 of 2020

Citation

2020(8) TAXREPLY 3210
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ORDER

1. This is the first application under section 439 of the Cr.P.C. in crime no.23/2020 registered under section 132(1)(a) (i) of the Goods and Services Tax Act (hereinafter referred to as “GST Act”), Ss. 409, 467, 471, 120-B of the IPC by the Department of Revenue Intelligence and Directorate General of Goods and Services Tax Intelligence Central Excise Office, District Indore (here-in-after referred to as the ‘Department’). 2. The learned Senior Counsel for the petitioner began with the arguments that the only fault of the petitioner is that he is the landlord of the premises where his tenant, who runs a factory, allegedly evaded the tax by clandestine sale of Pan Masala. The petitioner is neither a Partner of his tenant M/s Vishnu Essence nor in any other way concerned with it. But, he has been posed as if he is the only responsible person for whatever has allegedly been done against the law by his tenant, while no document, what-so-ever it may be, has b....

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