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2021 (8) TMI 263 - HC - GSTGrant of Bail - fake Input Tax Credit - offence under Section 132 of the Central Goods And Services Tax Act, 2017 read with Sub-Section 5 of Section 132 of the Act of 2017 - HELD THAT:- As is apparent from the contents of complaint filed by the DGGI against the petitioners, the entire exercise of investigation which led to arrest of the petitioners, started from the investigation against Mr. Mohit Vijay & Kapil Vijay against whom the allegation was of the tax evasion to the tune of ₹139.05 crores. The petitioners are stated to be part of same racket. It has been admitted by the learned counsels for the Revenue that the order dated 02.06.2020 has attained finality as it was not assailed further. Taking into consideration that the petitioners are in custody since 26.03.2021 & 27.03.2021 respectively, the complaint has already been filed against them; indisputably, they are not warranted for further investigation, the maximum punishment awardable in such case is of five years, the offence is compoundable though, none has initiated any proceedings in this regard and the factum of release of accused persons namely Mohit Vijay & Kapil Vijay on bail by this Court; but, without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioners on bail. Bail application allowed.
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