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TMI BlogBail Condition to deposit INR 70 Lakhs for alleged wrongful availment of ITC is not sustainableX X X X Extracts X X X X X X X X Extracts X X X X ..... Bail Condition to deposit INR 70 Lakhs for alleged wrongful availment of ITC is not sustainable - By: - CA Bimal Jain - Goods and Services Tax - GST - Dated:- 22-2-2023 - - The Hon ble Supreme Court in the matter of SUBHASH CHOUHAN VERSUS UNION OF INDIA ANR. - 2023 (1) TMI 1168 - SC ORDER set aside the condition imposed by the Hon ble Chhattisgarh High Court, of depositing an amount ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of INR 70,00,000/- for grant of bail to the assessee, in a matter of wrongful availment of Input Tax Credit ( ITC ). Facts: Subhash Chouhan ( the Appellant ) was arrested on October 27, 2021 for alleged wrongful availment of INR 6,95,32,472/- as ITC by procuring invoices from fake and fictitious firm and also supplied goods without payment of tax and without issuing invoices to the t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... une of INR 27,70,559/-. The Hon ble Chhattisgarh High Court vide order date June 21, 2022 ( the Impugned Order ) granted bail to the Appellant subject to certain conditions. One of the conditions was that the Appellant shall deposit a sum of INR 70,00,000/- in favour of the Revenue Department within 45 days from the date of release. The Appellant contended that the condition to depos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it INR 70,00,000/- for bail is not sustainable. Further, the final assessment was not complete so the Appellant cannot be presumed to be under the legal liability to pay such amount. Issue: Whether the condition to deposit INR 70,00,000/- as a pre-requisite to grant bail is sustainable? Held: The Hon ble Supreme Court in SUBHASH CHOUHAN VERSUS UNION OF INDIA ANR. - 2023 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (1) TMI 1168 - SC ORDER held as under: Observed that, such a condition cannot be imposed while granting bail. Held that, the condition directing the Appellant to deposit a sum of INR 70,00,000/- is not sustainable. Set aside the condition to deposit such sum of INR 70,00,000/-. Sustained rest of the conditions in the Impugned Order. (Author can be reached at info@a2z ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taxcorp.com ) - - Scholarly articles for knowledge sharing authors experts professionals Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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