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2021 (3) TMI 145 - DISTRICT & SESSIONS COURT ROHTAKGrant of Regular Bail - input tax credit - issuance of invoices without the actual movement of the goods - HELD THAT:- The perusal of the record clearly points out that the allegations against the present applicant/accused relate to his being involved in issuance of invoices without the actual movement of the goods as well as in wrongful availing of the Input Tax Credit (ITC) by receiving only invoices without actual receipt of goods. In this manner, there remains no doubt that the allegations constitute an offence under Section 132 of the CGST Act and not under Section 122 of the CGST Act, as being claimed on behalf of the applicant. Contention that there is no document on record connecting the accused with the alleged fake firms - HELD THAT:- The enquiry officer during the course of enquiry has collected bulky record which prima-facie supports the contentions of the complainant department regarding the role played by the accused in the commission of offence under consideration. Hence the contention in this regard raised by the accused/applicant is not sustainable at this stage. In the case of Y.S. JAGAN MOHAN REDDY VERSUS CENTRAL BUREAU OF INVESTIGATION [2013 (5) TMI 896 - SUPREME COURT] it was held by the Hon’ble Supreme Court of India that: ‘the economic offences constitute a class apart and need to be visited with a different approach in the matter of bail. The economic offences having deprecated conspiracies involving huge loss of public funds need to be view seriously and considered as grave offence effecting the economic of the country as a whole and therefore, by causing a serious threat to the financial health of the country’. As well as observations made by the Hon’ble Supreme Court of India, it becomes clear that gravity of the matter of quantum of taxation involved in it not only has adverse effect upon the Government exchequer, but same plays a crucial role in weakening the economy of the country. The case in hand is still under investigation. The possibility of tampering with witnesses can not be ruled out. There appears no reason to grant concession of bail to the accused as investigation is still pending - Application dismissed.
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