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GST - Highlights / Catch Notes

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A bail application was rejected in a case involving the creation ...


Bail denied in GST scam involving fictitious firms, fraudulent ITC claims, revenue loss.

Case Laws     GST

August 27, 2024

A bail application was rejected in a case involving the creation of fake companies, appointment of fictitious directors/ partners/ proprietors, and illegal passing of inadmissible Input Tax Credit under the Goods and Services Tax (GST) laws. The accused, without the knowledge of the purported directors/staff, utilized invoices from fictitious suppliers to wrongfully avail and pass on ineligible Input Tax Credit, resulting in substantial revenue loss to the government. The court emphasized that economic offenses involving deep-rooted conspiracies and massive public fund losses should be viewed seriously as grave offenses affecting the nation's economy. Citing a Supreme Court precedent, the court held that such white-collar criminals, driven by personal profit motives and impeding national development through calculated dishonesty, warrant a different approach to bail. Considering the allegations, verified materials, and the cognizance order for offenses under GST laws and the Indian Penal Code, the court rejected the bail application.

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