Home Case Index All Cases GST GST + DSC GST - 2021 (2) TMI DSC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (2) TMI 555 - DSC - GSTGrant of anticipatory bail - origin of fake invoices and layer by layer of firms was revealed - issuance of only paper invoices and no goods were actually received - HELD THAT:- Though it is submitted in bail application that accused Sushil Goel do not play any day to day role in purchase of the company however this fact cannot be appreciated at this stage when there is a active involvement of the company is found to have alleged for using fake invoices through ITC. Ld. Counsel relied upon the judgment of Apex Court in case titled C. PRADEEP VERSUS THE COMMISSIONER OF GST AND CENTRAL EXCISE SELAM & ANR. [2019 (11) TMI 659 - SUPREME COURT] that the accused was released on bail upon depositing 10% of total liability and in present case more than 10% has been deposited therefore, the present accused persons be released on anticipatory bail however accused appears to be knowingly used fake ITC in commission of offences. The offences caused grave economic loss to exchequer and this practice appears writ large in business community. The offence of fake ITC bill u/s 132 is not dependent upon the adjudication proceedings. Considering the seriousness of offence and the modus operandi in commission of said offence and the fact that it caused grave economic loss to exchequer, the applicants/accused Pawan Goel and Sushil Goel are not entitled to be released on anticipatory bail hence the present application qua accused Pawan Goel and Sushil Goel stands dismissed.
|