TMI Blog2020 (11) TMI 1031X X X X Extracts X X X X X X X X Extracts X X X X ..... t under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. - M.Cr.C. No.7060 of 2020 - - - Dated:- 3-11-2020 - Shri Justice Rajendra Chandra Singh Samant, J. For the Petitioner : Mr. Vivek Tankha, Senior Advocate with Mr. Himanshu Sinha, Advocate. For the Respondent : Mr. Maneesh Sharma, Advocate. Order on Board 1. Heard on the application filed under Section 439 of the Cr.P.C. The applicants have been arrested on 12.09.2020, in connection with Crime No.20/GST/2020-21, F.No. IV(06)Enq/85/Adhiraj/2020-21/p, registered at Police Station- Central Good and Services Tax, Raipur, C.G. for offence punishable under Sections 132(1)(C) of C.G.S.T. Act, 2017. 2. It is submitted by Mr. Vivek Tankha, lea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er case cited at the stage of application for interim bail, it is found clearly held that the prosecution can be started only after the assessment is complete and at present, the assessment is going on, in which the applicant is not making any interference. Therefore, the intentions of the applicant are clear, hence, it is prayed that interim bail granted to the applicant may be confirmed as regular bail. 5. On behalf of the respondent, it is submitted by the learned counsel for the respondent that it is for the assessee to make an honest assessment and make disclosure of the same for the purpose of making payment of the tax. It has been found in the investigation that the applicant's concern had been dealing with the company styled ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Information was received, that the applicants concern was making use of invoices and bills of one company styled as M/s United Ispat and on that basis had availed Input Tax Credit in a fraudulent manner. Physical verification was made by the department and it was found that the applicant has taken benefit of Input Tax Credit of ₹ 12.53 crores by playing fraud on the department. 10. Considered on the submissions and the facts of the case. It is a case of tax evasion and the offences registered against the applicant is compoundable and that the applicant has made his intention clear that he is willing to compound the offences against him in future. Hence, for these reasons, I feel inclined to allow this application. The application i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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