2025 (3) TMI 1032 - HC - GST

Seeking grant of regular bail - availing ineligible Input Tax Credit (ITC) on the basis of fake invoices received from non-operational firms - HELD THAT - This Court finds that the entire case of the prosecution is founded upon the documentary material and as far as the alleged ineligible availment of Input Tax Credit of Rs. 31.18 crores is concerned the same is part of the tax returns filed by the applicant/firm M/s Shreeji Metals. Further during the course of hearing it is not disputed by the learned Counsel for the Union of India that the account of M/s Shreeji Metals was attached vide order dated 07.10.2024 but subsequently it was liberated vide order dated 08.11.2024 Annexure-2 appended with the supplementary affidavit dated 22.01.2025. Admittedly the alleged offences are triable by Magistrate and provide for a maximum punishment of five years imprisonment and trial is likely to consume considerable time to conclude therefore this Court has no hesitation in holding that the further detention of the applicant behind the bars would not serve any useful purpose who is confined in judicial custody. Further the prosecution witnesses are official witnesses and presently there does not appear to be any possibility of their being won over therefore considering the nature of the trial as well as period of six months undergone by the applicant as an undertrial this Court deems it appropriate to extend the concession of regular bail to the applicant subject to fulfilment of conditions imposed. Conclusion - This Court has no hesitation in holding that the further detention of the applicant behind the bars would not serve any useful purpose who is confined in judicial custody. Bail application allowed.

ISSUES PRESENTED and CONSIDERED

The core legal issues considered in this judgment include:

Whether the applicant, Shivam Goyal, is entitled to regular bail under section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, during the pendency of his trial.
Whether the applicant's alleged involvement in availing ineligible Input Tax Credit (ITC) under Sections 132(1)(c) and 132(1)(i) of the Central Goods and Services Tax Act, 2017, justifies continued detention.
Consideration of the applicant's previous conduct, the seriousness of the offense, and the potential for interference with the investigation or trial process.

ISSUE-WISE DETAILED ANALYSIS

1. Entitlement to Bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023

Relevant Legal Framework and Precedents: The application for bail is governed by section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, which outlines the conditions and considerations for granting bail during trial proceedings.
Court's Interpretation and Reasoning: The Court considered the applicant's argument that the availment of ITC was already disclosed and that no substantial evidence, apart from confessions and statements, was presented. The Court also noted the procedural history, including previous bail rejections and the applicant's cooperation with the investigation.
Key Evidence and Findings: The prosecution's case is primarily based on documentary evidence, including tax returns filed by M/s Shreeji Metals. The alleged ineligible ITC amounts to Rs. 31.18 crores, facilitated by 17 fake firms.
Application of Law to Facts: The Court found that the applicant's continued detention was not justified, given that the maximum punishment is five years and the trial has not commenced. The applicant has been in custody for six months, and the prosecution witnesses are official, reducing the risk of tampering.
Treatment of Competing Arguments: The defense highlighted the lack of substantial evidence beyond confessions, while the prosecution emphasized the seriousness of the offense. The Court balanced these by considering the trial's likely duration and the applicant's time already spent in custody.
Conclusions: The Court concluded that further detention would not serve a useful purpose and granted bail, subject to conditions set by the trial court.

2. Alleged Involvement in Availing Ineligible ITC under the Central Goods and Services Tax Act, 2017

Relevant Legal Framework and Precedents: The case involves alleged violations of Sections 132(1)(c) and 132(1)(i) of the Central Goods and Services Tax Act, 2017, concerning fraudulent ITC claims.
Court's Interpretation and Reasoning: The Court noted that the applicant's alleged offenses are triable by a Magistrate and involve a maximum imprisonment of five years. The prosecution's reliance on documentary evidence and confessions was acknowledged, but the Court emphasized the need for these to be tested during the trial.
Key Evidence and Findings: The investigation revealed that M/s Shreeji Metals availed ITC from 17 fake firms, with the applicant allegedly confessing to illegal activities. The prosecution's case included statements from various individuals involved in the creation and operation of these firms.
Application of Law to Facts: The Court took into account that the applicant's account was initially attached but later released, and no tax recovery proceedings had commenced. The trial's delay and the applicant's cooperation were pivotal in the Court's decision to grant bail.
Treatment of Competing Arguments: The defense argued for bail based on procedural delays and lack of substantial evidence, while the prosecution stressed the crime's severity. The Court found the balance in favor of granting bail, considering the trial's expected duration and the applicant's detention period.
Conclusions: The Court determined that the applicant's release on bail was appropriate, with conditions to ensure compliance with the trial process.

SIGNIFICANT HOLDINGS

Core Principles Established: The judgment underscores the principle that pre-trial detention should not be punitive and should consider the trial's likely duration and the nature of the offense. It highlights the importance of balancing the seriousness of the allegations with procedural fairness and the accused's rights.
Final Determinations on Each Issue: The Court allowed the bail application, ordering the applicant's release subject to bail bonds and surety bonds to the trial court's satisfaction. It directed compliance with any conditions imposed by the trial court.
Verbatim Quotes: "This Court has no hesitation in holding that the further detention of the applicant behind the bars would not serve any useful purpose, who is confined in judicial custody."

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