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2020 (12) TMI 1309 - BOMBAY HIGH COURTSeeking grant of bail - Input tax credit - issuance of fake invoices - Section 132 (1)(b)(c) of the Central Goods and Services Act, 2017 - HELD THAT:- It appears that the investigation is in progress and the allegations are about substantial evasion of tax to the extent of ₹ 541 Crores by availing Input Tax Credit without actual trading / movement of goods which is an offence under Section 132 of the CGST Act. A perusal of the order passed by the learned Magistrate would prima facie indicate that what has principally weighed with the learned Magistrate was that the applicant had given an undertaking seeking permission to compound the offence before the Commissioner, on payment of the tax amount as per rules. The learned Magistrate has observed that even though the offence leveled against the applicant is serious in nature, “no purpose would be served by keeping him behind bars, that too when he is willing to pay the evaded amount and compound the offence”. In the opinion of the learned Magistrate “sitting behind bars, he (the applicant) might not be able to pay the evaded amount.” Prima facie, it appears that the investigation being under progress, the exact amount evaded is not yet ascertained. Matter remanded to the learned Magistrate and therefore it is neither necessary nor appropriate to appreciate the material in details or to record any final conclusion lest it would prejudice either the applicant or the prosecution before the learned Magistrate - application dismissed.
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