Home Case Index All Cases GST GST + HC GST - 2022 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (3) TMI 548 - MADRAS HIGH COURTSeeking grant of bail - wrongful availment and utilization of Input Tax Credit (ITC) - issuance of invoices without supply of goods - evasion of input tax credit - bailable offence as per Section 132 of the TNGST Act 2017 or not - Custodial interrogation - HELD THAT:- The reading of Sections 132 (1) (a), (b) and (c), 132(5) of Tamil Nadu Goods and Services Tax Act and the explanation thereof made amply clear that in the instant case the tax evasion exceeds ₹ 500 Lakhs i.e., ₹ 5 lakhs. It is correct to say the arrest memo and remand report does not reflect the same figure. However, the material placed along with the remand report would show that the tax evasion on different heads had exceeding more than ₹ 500 Lakhs. From the material placed by the prosecution show a continuous offence committed by the petitioner herein since 2018-2019 and the figure of ₹ 4,78,47,505/- was only till July 2021. Whereas, the remand application is on 10.01.2022 which reflects the loss of revenue under three different heads with exceeds more than ₹ 5 crores. Custodial interrogation - HELD THAT:- For grant of bail it is necessary to take into account the apprehension of the respondent that the petitioner who has floated fictitious companies and create records, if let out on bail will tamper the evidence. Since the investigation has entered the crucial stage, the release of the petitioner at this stage will lead to tampering of evidence. Petition is dismissed.
|