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2021 (9) TMI 1235 - HC - GSTSeeking grant of Bail - availment of fraudulent credit - issuance of fake bills without supply of coal - retraction of statements - Compoundable offences or not - HELD THAT:- The statement of the accused-petitioner was recorded under Section 70 of the CGST Act and the retraction of the same would definitely be considered by the appropriate court at appropriate stage. Be that as it may, the position as of now is that the petitioner not only made statement under Section 70 of the CGST Act but he made implicating statement. It also appears from such statement that he has co-operated with the investigation and there is no allegation that he has not co-operated with the investigation of the case. There is no dispute at the bar that the offence involved in this case is compoundable. On perusal of the record, it is found that there is no entry/note in the record after 06.09.2021, meaning thereby that no further investigation is either carried out or recorded thereafter. In the meantime, the accused-petitioner has been in custody for 30 (thirty) days, as on date. In the instant case, taking into account the alleged amount of evasion of tax, the case falls under Section 132(1)(i) of the AGST Act and the punishment prescribed for such an offence may extend to imprisonment for 5 (five) years and with fine - the accused-petitioner, named above, be released on bail in connection with the abovementioned case on furnishing bail bond of ₹ 1,00,000/- with two suitable sureties of the like amount, to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati. Bail application allowed.
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