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2022 (8) TMI 149 - HC - GSTSeeking grant of Regular Bail - creation of fictitious entity to pass ineligible input tax credit - Sections 132(1)(b) of the Central Goods and Services Tax Act, 2017 and Section 132(1)(b) of the Gujarat Goods and Services Tax Act, 2017 - HELD THAT:- It appears that so far 2 firms are concerne, investigation is virtually over. The applicant being an authorized attorney of 2 firms, initially he had evaded the investigation but later on after his arrest and during his remand period, he was interrogated extensively and necessary materials have been recovered. Department has also filed complaint against the applicant. The applicant herein to show his bonafide, willing to deposit Rs.2 crore, which is approximately 10% of the alleged amount. Considering the facts and circumstances of the present case, it is worthwhile to note the observation made by the Apex Court in the case of Sanjay Chandra Vs. CBI, [2011 (11) TMI 537 - SUPREME COURT], wherein, it was observed that “constitutionally protected liberty must be respected unless the detention becomes necessary. The balance approach is to grant bail subject to certain conditions rather than to keep the individual under detention for an indefinite period. Considering the facts and circumstances of the present case and role attributable to present applicant herein as well as his bonafide to deposit Rs.2 crore, this Court is of the considered view that case is made out for exercising discretion enlarging the applicant on bail - Bail application allowed.
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