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2022 (9) TMI 665 - GST
Seeking grant of Anticipatory Bail - fraud related to GST invoices and getting credits - allegation of cheating the State by claiming input credit through fake invoices by using fake addresses of the firms created through different proprietors and defrauded the State to the extent of more than Rs. One crore - HELD THAT:- A perusal of the FIR and investigation points out towards the existence of a prima facie case against the petitioner.
When the allegations against an accused are of cheating and the amount involved is massive, like the present case, where it is more than rupees one crore, the investigating agency's demand for custodial interrogation is based on the following judicial precedents, which bind all the investigating agencies - The petitioner took enormous advantage of the loopholes and defects in the GST software, the system put in place, and the lack of efficient standards to ensure that it becomes impossible to misuse the scheme.
Given the nature of allegations, custodial interrogation is required. An analysis of the allegations and evidence collected does not warrant the grant of bail to the petitioner.