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2021 (4) TMI 831 - CALCUTTA HIGH COURTSeeking Bail - Wrongful availment or utilization of input tax credit or refund of tax - Supply of goods and services or both without issue of any invoice - issuance of invoices and bills without supply of goods or services or both - offences are punishable under Section 132 (1) (a)(b) of the CGST Act - HELD THAT:- Relying on the decision of the Hon’ble Supreme Court in C. PRADEEP VERSUS THE COMMISSIONER OF GST AND CENTRAL EXCISE SELAM & ANR. [2019 (11) TMI 659 - SUPREME COURT] and in view of the fact that final assessment has not been made under Section 74 of the said Act, the petitioner is entitled to be released on bail of ₹ 5 lakhs with 5 sureties of ₹ 1 lakh each with further condition that within 15 days from the date of his release on bail, the petitioner shall deposit a sum of ₹ 91 lakhs with the appropriate officer. The petitioner shall cooperate with the investigation of the case. Both the prosecution and the petitioner are directed to sit across the table and beside the amount payable by him towards GST.
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