2024 (11) TMI 902 - HC - GST

Grant of anticipatory bail - non-existent Firm/Entity carried out transactions - claim of Input Tax Credit without there being actual movement of goods and as such has defrauded the government exchequer of due taxes - HELD THAT - Regard being had to the background facts of the case, in which, the assessment has already been quashed and the matter has been remanded back to the assessment authority apart from the quashment of the criminal case instituted in Bokaro Steel City relating to a similar nature of offence, it is required to extend the privilege of anticipatory bail to the petitioner. The petitioner accordingly is directed to surrender before the learned court below within a period of four weeks and on her surrender, she shall be released on bail on furnishing bail bond of Rs. 10,000/ with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Jamshedpur in connection with Telco P.S. Case No. 104/2018, corresponding to G.R. Case No. 2027/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Application allowed.

Summary

The petitioner sought anticipatory bail in connection with a case involving fraudulent input tax credit claims. The court granted anticipatory bail due to previous cases being quashed and remanded, directing the petitioner to surrender within four weeks and furnish a bail bond of Rs. 10,000 with two sureties. The application for anticipatory bail was allowed.