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2020 (12) TMI 310 - HC - GSTGrant of Bail - allegation of creation of 26 firms to facilitate availment and utilization of input Tax Credit - It is contended that in similar type of cases, bail have been granted - the matter is still at the stage of pre-charge evidence - HELD THAT - Union of India have opposed the bail application. It is contended that petitioner has created 26 firms to facilitate availment and utilization of input Tax Credit to the tune of ₹ 108.36 crores. Considering the contentions put forth by counsel for Union of India, the third bail application cannot be entertained - Bail application dismissed.
Issues: Bail application under Section 439 of Cr.P.C. for offence under Sections 132(1) of Goods and Services Tax Act, 2017.
Analysis: The petitioner filed a third bail application under Section 439 of Cr.P.C. in relation to an FIR registered for an offence under Sections 132(1) of the Goods and Services Tax Act, 2017. The petitioner argued that the sentence for the offence is five years and that they have already been in custody for one year. It was contended that bail has been granted in similar cases and that the matter is still at the pre-charge evidence stage. However, the learned Public Prosecutor and counsel for the Union of India opposed the bail application, alleging that the petitioner had created 26 firms to facilitate the improper availment and utilization of input Tax Credit amounting to ?108.36 crores. The court carefully considered the contentions presented by the counsel for the Union of India, ultimately leading to the decision not to entertain the third bail application. The judgment was delivered by Hon'ble Mr. Justice Pankaj Bhandari, dismissing the Criminal Misc. Third Bail Application. The decision was based on the arguments put forth by the opposing parties, particularly highlighting the serious nature of the allegations against the petitioner regarding the creation of multiple firms for fraudulent activities related to input Tax Credit. The court's decision indicates a cautious approach towards granting bail in cases involving significant financial implications and complex fraudulent schemes under the GST Act.
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