TMI Blog2024 (2) TMI 1071X X X X Extracts X X X X X X X X Extracts X X X X ..... URT] , the facts were entirely different and that was not a case of generating the fake ITC. In that case, goods were supplied without paying the CGST. In the present case, the facts are entirely different. The Hon ble Apex Court in the matter of Lalit Goyal [ 2022 (8) TMI 1319 - SC ORDER ] dismissed the bail application of the petitioner. In the matter of Lalit Goyal, it was alleged that petitioner Lalit Goyal and other persons had made various fake firms and claimed Input Tax Credit of Rs. 18.91 Crores without any transportation of goods. In that case, co-ordinate Bench of this Court in S.B. Criminal Misc. Bail Application No.13042/2021 dated 07.09.2021 [ 2021 (9) TMI 1347 - RAJASTHAN HIGH COURT] dismissed the bail application of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Apex Court in the case of Ratnambar Kaushik Vs. Union of India [2022 SCC Online SC 1678] decided on 05.12.2022 and invited attention of this Court at Para No.6 of the order. Per contra, learned Senior Counsel for Union of India opposed the bail application and submitted that accused-petitioner Anil Kumar issued fake bills from seven firms managed by him and taking ITC through fake bills issued by fake firms created by Shri Ashutosh Garg. It is also alleged against the accused-petitioner that he opened four more firms and issued fake bills without supplying of goods/services. He also submitted that present petitioner is also involved for selling invoices issued from fake firms of Shri Ashutosh Garg on commission basis. The investigation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are cognizable and non- bailable offence. Learned Senior Counsel for Union of India further submitted that economic offences constitute a class apart and need to be visited with a different approach in the matter of bail, therefore, considering the fact that accused-petitioner has fake ITCs amount of Rs. 20,28,40,841/- without supplying the goods, bail application of accused-petitioner may be dismissed. Heard and perused the charge sheet, so also, the law referred by both the parties. The allegation in the charge sheet itself speaks and states that accused-petitioner has generated the fake ITCs of Rs. 20,28,40,841/-. It is settled law that economic offences constitute a class apart and required to be scanned with a different appro ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
