9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (5) TMI 704 - HC - GSTGrant of Bail - GST evasion - involvment of CA - availment by passing of ITC wrongfully by creating 38 fake firms - HELD THAT - This bail application filed on behalf of the petitioner deserves to be dismissed; for the reasons, firstly, the petitioner failed to appear before the Department while notices were issued to him, secondly, even after filing of complaint before the learned Trial court, he remained absconded for about one year and thirdly, the petitioner is a chartered accountant, who is master mind of the crime and he has created 38 fake firms and availed ITC wrongfully to the tune of ₹ 6,36,32,492/-. No case is made out to release the petitioner on bail under Section 439 Cr.P.C. - Bail application dismissed.
Issues: Bail application under Section 439 Cr.P.C. for offences under Central Goods and Services Tax Act, 2017.
Analysis: 1. The petitioner, a chartered accountant, filed a bail application under Section 439 Cr.P.C. in connection with a case registered under the Central Goods and Services Tax Act, 2017. The petitioner was accused of offences under Section 132(1)(b)/(c)/(f), 4R/20, 132(1)(i) of the Act. 2. The petitioner's counsel argued that the petitioner was falsely implicated, not involved in the offences committed by co-accused persons, and had been in custody since a specific date. It was highlighted that the maximum sentence for the alleged offences was five years, and the trial process might be prolonged. Reference was made to the release of co-accused persons on bail by a Co-ordinate Bench of the Court. 3. The respondent-Department, represented by counsel, opposed the bail application. Reference was made to arguments made in a previous bail application for a co-accused, where it was stated that the main accused was absconding and had registered fake firms. Allegations against the petitioner included wrongful availment of Input Tax Credit (ITC) by creating fake firms and absconding for a year. 4. After hearing both parties and examining the record, the Court dismissed the bail application. The decision was based on the petitioner's failure to appear before the Department despite notices, remaining absconded for a significant period after the complaint was filed, being considered the mastermind behind the crime involving fake firms and wrongful ITC availment. 5. The Court concluded that the petitioner, being a chartered accountant involved in creating fake firms and wrongful ITC availment, did not warrant bail under Section 439 Cr.P.C. Consequently, the bail application was dismissed. This detailed analysis of the judgment outlines the arguments presented by both parties, the reasons for dismissing the bail application, and the Court's decision based on the circumstances and allegations against the petitioner.
|
