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2022 (10) TMI 619 - CITY CIVIL AND SESSIONS COURT, MUMBAISeeking grant of Bail - record of false fabricated record for the purpose of availment of ITC present or not - it is contended that applicant is cooperated investigating agency, reversed ITC availed by them as well as paid amount of Rs.10,39,00,000/and shown readiness to deposit Rs.5 crores each month under protest till settlement of their liability - HELD THAT:- Prima facie it appears that there is no intention of applicant to avail ITC illegally. Further tax liability shown against them is in dispute for legal interpretation, still applicant is ready to deposit amount of Rs.5 crores per month by their letter submitted to GST Authorities on 22.09.2022. In such circumstances, it is opined that applicant is not running to avoid legal process. They have shown cooperation by way of reversing ITC as well as paying amount of Rs.10,39,00,000/- - In view of the fact coming forth from submissions from both sides, there is no prima facie intention, fraud of any record for claiming Input Tax Credit as well as there is no any prima facie false and fabricated record for the purpose of evasion of any tax. Applicant is coming with bonafide by making statement that he is ready to pay any tax which is liable to pay after legal interpretation about their liability. On the basis of proposal before GST Authorities to pay amount of Rs.5 crores per month till settlement of the amount and by taking appropriate surety and condition to cooperate GST Authorities till pending investigation, applicant be released on bail - Application allowed.
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