2022 (8) TMI 274 - HC - GST

Seeking grant of Anticipatory Bail - Fraudulent availment of ITC - floating bogus companies - no movement of goods - HELD THAT - In consideration of the facts of the case and the amount of the ITC, fraudulently availed by the applicant through the bogus entities, without there being movement of goods, pre-arrest protection cannot be granted to the applicant. Application allowed.

Summary

Issues:
1. Rejection of Anticipatory Bail Application by Sessions Court and High Court.
2. Allegations of fraudulent availing of Input Tax Credit (ITC) by applicant.
3. Involvement of the applicant in circular trading through bogus entities.
4. Consideration of facts in denying pre-arrest protection to the applicant.

Analysis:
1. The applicant filed an Anticipatory Bail Application before the Sessions Court to avoid arrest in connection with Summons issued under the Central Goods and Services Tax Act, 2017. The application was rejected by the Sessions Court and subsequently by the High Court in a separate application filed by co-applicants. The rejection was based on the apprehension of arrest due to the issuance of Summons on specific dates.

2. The Superintendent of CGST & CX, Nashik found that two firms, M/s. Maharashtra Steel Traders and M/s. Hira Steel, availed wrong ITC on invoices from various suppliers. The proprietors of these firms implicated the applicant as the individual managing the businesses and capable of substantiating the ITC claims. However, the applicant failed to appear in response to a summons for giving oral evidence. The investigation revealed complicity of the applicant in fraudulent ITC availing through bogus entities, as confirmed by statements from involved parties and suppliers.

3. The court noted the applicant's role as the mastermind in fraudulently availing ITC by creating bogus companies through close relatives. The arrest of the proprietors of the two firms further indicated the applicant's involvement in circular trading practices. The applicant's complicity in the scheme was evident from statements provided by relevant individuals during the investigation.

4. Considering the substantial amount of ITC fraudulently availed by the applicant without actual movement of goods, the court declined to grant pre-arrest protection. The court highlighted a previous arrest of the applicant in a separate case related to ITC fraud, emphasizing the seriousness of the allegations and the applicant's history of involvement in similar offenses. Consequently, the application for anticipatory bail was rejected based on the facts and circumstances of the case.

5. The judgment clarified that the observations made regarding the bail application should not influence the trial in other proceedings. The court's decision to deny pre-arrest protection to the applicant was based on the specific facts and evidence presented in the case, without prejudicing the trial or other legal proceedings.