Home Case Index All Cases GST GST + HC GST - 2021 (5) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (5) TMI 334 - HC - GSTGrant of Bail - Constitutional Validity of section 132 (1)(b) of the Central Goods and Services Act, 2017 - power of arrest under Section 69 of the Central Goods and Services Act, 2017 to be exercised only after the proper assessment/ determination of liability - de-attachment of Bank Accounts of petitioner - Fraudulent availment of ITC - HELD THAT:- The concerned officer has on the basis of the information given so far by the Petitioner is in the process of identifying other key conspirators/ master mind in the fraudulent availment of ITC, the concerned officer has recorded her reasons to believe that Petitioner has floated the two firms with the core objective to defraud the Government Ex-chequer; that Petitioner is only doing paper transactions involving 66 Crores of revenue which is huge by any standards and, has authorized his arrest under Section 69 of the CGST Act. It is observed from the file notings that in furtherance of the on going investigation, the Revenue authorities are in the process of issuing summons to them and other key persons and coaccused to interrogate and record statements. Having noted the all records and the scale of the alleged scam as well as the involvement of Petitioner, we are not inclined to interfere with the investigation at this stage,as that may tantamount to foreclosing the out-come to the investigation and would rather hamper the same - considering the magnitude and the scale of the alleged fraud involving public money and the critical stage, when investigation to get hold of the mastermind/ king pin and other key conspirators as well as the modus operandi is underway in which Petitioner through his sole proprietary concern, as well as through the Pvt. Limited Company, is alleged to be an active participant, at this stage, we are not inclined to indulge into the request for grant of bail under Article 226 of the Constitution of India. Bail application dismissed - List the matter on 21st June, 2021 for further consideration.
|