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TMI Blog2022 (6) TMI 1078X X X X Extracts X X X X X X X X Extracts X X X X ..... ST/21-22 registered in Police Station Central GST, Raipur, (Preventive) District Raipur for offence under Sections 132 (1)(a) & 132 (1)(c), 132 (1)(1)(i) of the Central Goods and Service Tax Act, 2017 (for short 'the Act'). 2. Case of the prosecution is that the applicant is the Proprietor of M/s Minal Traders, Bhilai and is doing the business of Iron Trading. The applicant was arrested by the officers of the CGST on 27.10.2021 and after investigation, a complaint has been filed against the applicant on 24.12.2021 alleging that the applicant carried out purchases from different entities and wrongly availed Input Tax credit of Rs.6,95,32,472/- by procuring invoices from fake and fictitious firm and also supplied goods without paymen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... than 9 months. She also submits that it is settled law that in criminal jurisdiction, presumption of innocence has to be presumed. It is further submitted that in the GST portal, there is no system of cross-checking in their software for the traders who are wrongfully availing Input Tax Credit. As the earlier supplier has not paid the GST in proper manner, therefore, there is failure of mechanism in the GST Department and permitted wrong GST in number to the traders. She further submits that there is no need of custodial interrogation, therefore, the applicant may be released on bail. 4. On the other hand, learned Counsel for non-applicant No.1 strongly opposes the bail application and submits that the applicant has been found to be habitu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e petitioner. He also refers the judgment in the matter of Nimmagadda Prasad Vs. Central Bureau of Investigation {(2013) 7 SCC 466} and refers paras-23 to 25, which are reproduced here under:- "23. Unfortunately, in the last few years, the country has been seeing an alarming rise in white-collar crimes, which has affected the fibre of the country's economic structure. Incontrovertibly, economic offences have serious repercussions on the development of the country as a whole. In State of Gujarat v. Mohanlal Jitamalji Porwal {(1987) 2 SCC 364} this Court, while considering a request of the prosecution for adducing additional evidence, inter alia, observed as under: (SCC p. 371, para 5) "5. ... The entire community is aggrieved if the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to produce prima facie evidence in support of the charge. It is not expected, at this stage, to have the evidence establishing the guilt of the accused beyond reasonable doubt. 25. Economic offences constitute a class apart and need to be visited with a different approach in the matter of bail. The economic offence having deep- rooted conspiracies and involving huge loss of public funds needs to be viewed seriously and considered as a grave offence affecting the economy of the country as a whole and thereby posing serious threat to the financial health of the country." 5. In view of the aforesaid submissions, learned counsel prays that the bail application be rejected. 6. Countering the submissions, learned Senior Counsel for the appl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... zing Input Tax Credit of Rs.6,95,32,472/- and supplied taxable goods without payment of taxes and without issuing invoices to the tune of Rs.27,70,559/-, totalling Rs.7,23,03,031/-, and that offence under the Act are bailable and non-cognizable except for the offence under Section 132 (5) of the Act, further considering that the applicant can be punished with maximum sentence of 5 years with fine, he is in jail since 27.10.2021, further considering that Proprietor of the firm namely, Rohan Tanna and Abhishek Pandey have already been enlarged on bail by the co-ordinate Bench and also considering that the applicant in the bail application raised a ground that the offence is compoundable in nature and, therefore, this Court after considering a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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