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GST - Highlights / Catch Notes

Home Highlights January 2023 Year 2023 This

Seeking grant of Bail - illegally claiming Input Tax Credit ...


Court Grants Bail in Input Tax Credit Fraud Case, Emphasizing Custody's Role in Investigation, Not Pre-Trial Punishment.

January 7, 2023

Case Laws     GST     DSC

Seeking grant of Bail - illegally claiming Input Tax Credit (ITC) on the basis of false invoices - It is a settled law which has been reiterated by the Apex Court in number of judicial pronouncements that the purpose of custody of an accused is only to aid investigation. The custodial detention is not to be used as a tool for pre-trial punishment. Since, the custody of the accused is no longer required for aiding the investigation, therefore, no ground is made out for keeping him further detained in custody. - DSC

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