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2021 (9) TMI 576 - DSC - GSTSeeking grant of Anticipatory Bail - fraudulent availment of ITC - Appellant claimed protection from the arrest on the ground that he is falsely implicated in the alleged offence - Section 132 (b) of GST Act 2017 - Compoundable offence or not - HELD THAT:- Any offence under CGST Act 2017, is compoundable both before and after institution of prosecution, but the applicant had not offered to compound the offence, though compounding is permissible, even before the institution of prosecution. In third proviso of sub section (1) of Section 138 of CGST Act, Compounding can be allowed only on making payment of tax, interest and penalty involved in the said case. As per the allegations, the ITC availment to the tune of ₹ 30 Crores approximately, from M/s. Karnataka Jewellers, M/s. Balaji Enterprises, M/s. Kismat Enterprises has been made by the applicant. Therefore, argument of learned Advocate for applicant that as he has cooperated the investigation and his statements have been recorded by the Department and therefore, there cannot be any arrest as long as offences are compoundable, is an argument which cannot be accepted. Considering the investigation as per the case diary and the allegations of Department against the applicant, the supplier of M/s. Gajmukhi Buillion, M/s. Maple Fine Jewellery, M/s. Alentraa Trading Private Limited, Pramod Suraj Prasad Gupta (Eagle Impex), M/s. Centercore Multitrading Private Limited, M/s. Dolphin Multi Trade Company, M/s. Creative Overseas and M/s. Nevaki Enterprises Private Limited are bogus firms are seems to be created to do paper transaction only. The request of the applicant as regards grant of anticipatory bail application has to be turned down - application dismissed.
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