9911796707
TMI Blog2022 (10) TMI 619X X X X Extracts X X X X X X X X Extracts X X X X ..... of applicant to avail ITC illegally. Further tax liability shown against them is in dispute for legal interpretation, still applicant is ready to deposit amount of Rs.5 crores per month by their letter submitted to GST Authorities on 22.09.2022. In such circumstances, it is opined that applicant is not running to avoid legal process. They have shown cooperation by way of reversing ITC as well as paying amount of Rs.10,39,00,000/- - In view of the fact coming forth from submissions from both sides, there is no prima facie intention, fraud of any record for claiming Input Tax Credit as well as there is no any prima facie false and fabricated record for the purpose of evasion of any tax. Applicant is coming with bonafide by making statement t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icant and his firm have availed inadmissible input tax credit of Rs.25,09,02,451/and thereby committed an offence punishable under Section 132 of GST Act. It is further contended that as per the case of GST Authorities, there is no record of any false fabricated record for the purpose of availment of ITC. It is further contended that as per admitted position, applicant's firm is dealing with Agricultural business. Therefore, they are not liable to pay any GST in view of Notification No.12/2017/Central Tax, It is also contended that since date of arrest, not for single time applicant is not called by GST officer for any inquiry nor any document is seized at his instance. It is further contended that offence under Section 132 of GST Act i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and Circular filed on record by the applicant, it may be a question of debate and dispute as to whether applicant's firm is liable to pay tax for which they are carrying out business of contract farming and related work. It is not case of prosecution that applicant and his firm have forged any document to claim inadmissible ITC. The amounts accepted by firm of applicant as advance are on record. Applicant shown his readiness to deposit amount of Rs.5 crores per month till settlement of their liability under protest. In view of such submissions on record, prima facie it appears that there is no intention of applicant to avail ITC illegally. Further tax liability shown against them is in dispute for legal interpretation, still applicant i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ending investigation, applicant be released on bail. Hence, I passed the following order : ORDER 1. Criminal Bail Application No.2394 of 2022 is allowed. 2. Applicant/accused Harshal Mahadeo Oze be released on bail on furnishing P.R. Bond of Rs.10,00,000/along with one or two sureties of like amount in connection with R.A. No.1001/2022 registered with CGST & Central Excise, Bhiwandi Commissionerate, Parel (E), Mumbai. 3. Applicant/accused is further directed to comply as per their proposal submitted before CGST & Central Excise, Bhiwandi Commissionerate, Parel (E), Mumbai dated 22.09.2022 about deposit of amount of Rs.5 crores per month till conclusion of investigation and report this Court as well as trial court. 4. Applicant/accused ..... X X X X Extracts X X X X X X X X Extracts X X X X
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