2024 (2) TMI 285 - HC - GST

Seeking grant of bail - passing on fake ITC through paper invoices without actual supply of any goods during the period Feb-2018 to March-2020 - HELD THAT - Looking to the facts and circumstances of the case particularly the nature of allegation as well as gravity of offence and the role played by the applicant, it is opined that this is not a fit case, in which bail may be granted to the present applicant Saurabh Kumar. Accordingly, this application of the present applicant under Section 439 Cr.P.C. is hereby dismissed.

Summary

Issues involved: Bail application u/s 439 of Cr.P.C. for offences u/s 132(1)(b), 132(1)(f), 132(1)(I) of Central Goods and Service Tax Act, 2017.

Summary:
The applicant filed a bail application u/s 439 of Cr.P.C. related to a case registered at Police Station Directorate General of GST Intelligence Regional Unit. The applicant claimed innocence and argued lack of evidence connecting him to the alleged crime. The respondent opposed the bail application, presenting evidence of the applicant's involvement in managing fake firms, generating fake invoices, passing fake ITC, and attempting to destroy evidence. The court, after considering the submissions and case details, dismissed the bail application.

Nature of Allegations:
The applicant argued innocence and lack of evidence connecting him to the alleged offences. The respondent presented evidence of the applicant's involvement in managing fake firms, generating fake invoices, and passing fake ITC. The applicant was accused of creating and operating fake firms and passing fake ITC through paper invoices without actual supply of goods.

Role of the Applicant:
The applicant was alleged to be the key person behind the operation of 12 fake or non-existent firms. He was accused of managing and controlling GST returns of fake firms, attempting to influence witnesses, and destroying evidence. The respondent argued that the applicant had purposely taken identity documents from individuals to open fake firms and register them under GST.

Decision:
After considering the submissions, case details, nature of allegations, and the role played by the applicant, the court concluded that it was not a fit case for granting bail to the applicant. The bail application u/s 439 of Cr.P.C. filed by the applicant was dismissed.