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2024 (2) TMI 1071 - RAJASTHAN HIGH COURTSeeking grant of bail - availment of fake ITC - issuance of fake bills from seven firms managed by him and taking ITC through fake bills issued by fake firms created - HELD THAT:- The allegation in the charge sheet itself speaks and states that accused-petitioner has generated the fake ITCs of Rs. 20,28,40,841/-. It is settled law that economic offences constitute a class apart and required to be scanned with a different approach in the matter of bail. In the matter of Ratnambar Kaushik [2022 (12) TMI 263 - SUPREME COURT], the facts were entirely different and that was not a case of generating the fake ITC. In that case, goods were supplied without paying the CGST. In the present case, the facts are entirely different. The Hon’ble Apex Court in the matter of Lalit Goyal [2022 (8) TMI 1319 - SC ORDER] dismissed the bail application of the petitioner. In the matter of Lalit Goyal, it was alleged that petitioner Lalit Goyal and other persons had made various fake firms and claimed Input Tax Credit of Rs. 18.91 Crores without any transportation of goods. In that case, co-ordinate Bench of this Court in S.B. Criminal Misc. Bail Application No.13042/2021 dated 07.09.2021 [2021 (9) TMI 1347 - RAJASTHAN HIGH COURT] dismissed the bail application of the petitioner and in SLP vide order dated 26.08.2022 [2022 (8) TMI 1319 - SC ORDER], the Hon’ble Apex Court dismissed the Special Leave Petition, therefore, considering the gravity of the offence, so also, that petitioner has taken a fake Input Tax Credit (ITC) worth of Rs. 20,28,40,841/-, the accused-petitioner is not enlarged on bail. The bail application of accused-petitioner under Section 439 Cr.P.C. is dismissed.
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