TMI Blog2022 (12) TMI 43X X X X Extracts X X X X X X X X Extracts X X X X ..... umstances of the case and while noticing that the petitioner has been behind bars for a substantial period of about 9 months and that conclusion of trial is likely to consume time inasmuch as a large number of prosecution witnesses have been cited and as on date only 2 out of the cited 37 prosecution witnesses have been examined in pre-charge evidence, further detention of the petitioner will not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Services Tax Act, 2017. 2. As per the case of the complainant-department i.e. Directorate General of GST Intelligence (in short hereinafter referred to as the DGGI), the accused-firm has availed input tax credit to the tune of ₹ 5.65 crores from various non-existent suppliers, without receipt of goods. The firm of the accused i.e. M/s Saibro Industries had availed this input tax credit du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich the petitioner has already been behind custody since the last about 9 months. It has also been submitted that out of the amount allegedly availed fraudulently as input tax credit, i.e. amount to the tune of ₹ 5.65 crores, the department has already recovered back an amount of about ₹ 2.07 crores approximately and as such, the allegation stands scaled down to fraud of ₹ 3.6 cr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... val submissions addressed before this Court. 6. Having regard to the facts and circumstances of the case and while noticing that the petitioner has been behind bars for a substantial period of about 9 months and that conclusion of trial is likely to consume time inasmuch as a large number of prosecution witnesses have been cited and as on date only 2 out of the cited 37 prosecution witnesses ha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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