January 23, 2022 4:00:52 am
Valsad District Principal Sessions Judge P A Patel on Friday rejected the anticipatory bail plea of Badal Shah, the owner of a Solar panel manufacturing company involved in a tax evasion case of Rs 180.28 crores.
As per details, Value Added Tax (VAT) officials of Valsad carried out raids at Flarium Solar Technology Company at Gundlav village in Valsad district in 2013, and found that the company had evaded VAT taxes. The owners had shut down their factory in 2013.
The officials issued notices to the company owners Badal Shah (47) and his mother Jyotsnaben Shah (73), both residents of Mumbai, to record their statement. Despite regular reminders from VAT officials, the owners failed to turn up and also changed their address due to which the officials faced issues in locating them. Sales Tax officer of Valsad Damu Patel lodged a complaint of cheating against the accused Badal Shah and Jyotsnaben Shah with Valsad rural police, on February 5, 2021.
Following which the police registered an offence under IPC section 406, and 420 and Gujarat Value Added Tax of 2003 under sections 85(1)(d), 85 (1) (g), 86(1), 86(2) and started the probe.
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Patel mentioned in the complaint that the owners had not paid the VAT tax to the department during the years 2009-2013, even after regular notices issued to them, and had gone underground.
After the offence was registered, Jyotsnaben filed an anticipatory bail plea with Valsad district and sessions court in February, 2021, which was rejected by the court.
She then filed an anticipatory bail application in Gujarat high court and the court accepted the application in October, 2021.
Meanwhile, Badal filed an anticipatory application with Valsad Sessions court in October, 2021, and it passed an order to not arrest him. During further hearing of Badal’s anticipatory bail application, the Principal District and Sessions Judge of Valsad P A Patel on Friday passed an order rejecting it.
Public Prosecutor Anil Tripathi said, “The court has accepted our arguments. The accused Badal was not present at the address he had mentioned and has gone underground. Badal had made his mother a partner in the company and had evaded VAT tax recovery amount of Rs. 180.28 crores.”
“He failed to show up in the settlement meeting called by Sales tax officials. Jyotsnaben Shah is out on anticipatory bail. We believe that Badal Shah will in coming days challenge this order with Gujarat High court,” he added.
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