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TMI Blog2022 (8) TMI 51X X X X Extracts X X X X X X X X Extracts X X X X ..... no monetary benefit from illegal availment of ITC were found. The complaint has already been filed against the applicant. The investigation has been conducted and necessary statements have been recorded the details of manipulation by the applicant have been found during the investigation. The details of the alleged shell companies have also been gathered. The facts in the complaint are required to be proved by the prosecution before the special court. The Commissioner is empowered to recover the due amount and propose for abating the proceedings and as the trial will take its own time to conclude, this Court finds this to be a fit case where discretion could be exercised in favour of the applicant. The applicant is in jail since 10.3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... olice Station- D.G.G.I, District- Meerut, pendency of trial. 3. There is allegation against the applicant that he is involved in GST registration of fake firms by using pan card, adhaar card and other information of other persons procured fraudulently and by showing fraudulent transaction of such firms for availing fake / bogus Input Tax Credit (ITC). The opposite party conducted search at the registered places of business to verify the existence of such firms but they were not found. Ten firms have collectively availed ITC of Rs. 7,46,88,414/- and fake / bogus invoices involving ITC of Rs. 6,09,85,989/- without any supply of goods / service. 4. Learned counsel for the applicant submits that the applicant has not registered any firm i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... held that socio-economic offence constitute a class apart. In the case of Govind Enterprises vs. State of U.P., 2019 (27) GSTL 161 (All), this court has found that mesne-rea regarding offences punishable under Section the CGST Act and IPC are different. The economic offences related to tax evasion of more than 5 crore are cognizable and non-bailable as per Section 132(5) of CGST Act, 2017. 7. This court finds that there is no firm registered in the name of the applicant and he claims that he has no concern with 11 firms registered on pan number of the applicant. From the bank accounts of the applicant, no monetary benefit from illegal availment of ITC were found. The complaint has already been filed against the applicant. The investig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isonment for a term which may extend to five years and with fine. 10. Section 138 of the Act makes provision for compounding of offences under the Act, even after the institution of prosecution, on payment by the person accused of the offence, such compounding amount in such manner as may be prescribed. The compounding shall be allowed only after making payment of tax, interest and penalty involved in such offences, on payment of compounding amount as may be determined by the commissioner, the criminal proceeding already initiated in respect of the said offence shall stand abated. 11. Taking into consideration the provisions of law and the fact that the Commissioner is empowered to recover the due amount and propose for abating the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also requires to be taken note of is the punishment that could be imposed after trial and conviction both under the Penal Code and the Prevention of Corruption Act. Otherwise, if the former is the only test, we would not be balancing the constitutional rights but rather recalibrating the scales of justice . 25. The provision of Cr.P.C. confer discretionary jurisdiction on criminal courts to grant bail to the accused pending trial or in appeal against convictions; since the jurisdiction is discretionary, it has to be exercised with great care and caution by balancing the valuable right of liberty of an individual and the interest of the society in general. In our view, the reasoning adopted by the learned District Judge, which is affi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this effect before this court. 2. The applicant will furnish bank guarantee of Rs. 10 lacs in favour of the opposite party which shall be forfeited in favour of opposite party in case of violation of any of conditions imposed in this order. 3. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. 4. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 5. That the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; ..... X X X X Extracts X X X X X X X X Extracts X X X X
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