The Investigating Officer has found that petitioner has created forged and fabricated papers without any inward supply of materials and by showing forged bill where no consignment number, vehicle number or transport bills, obtained the benefit of input tax credit of huge amount from the G.S.T. which is a very serious offence and also in view of the fact that huge financial amount is involved, this Court is accordingly rejected the prayer for anticipatory bail of the petitioner.
Section 132 of the CGST Act, 2017 — Anticipatory Bail –- The petitioner is apprehending arrest in connection for the offence punishable under Section 132(1)(c), 132(1)(e) and 132(1)(i) of the Act. It is alleged that the petitioner on the basis of forged rent agreement and other documents, has wrongly obtained the registration certificate, without any inward supply of goods, forged ITC of Rs. 5,73,42,065.90 has been credited. The counsel for the petitioner submitted that F.I.R. has been filed without initiating a proceeding under section 73/74 , which is mandatory before institution of a criminal case. The court observed that after inquiry, the respondent has found the petitioner liable for sale of goods between 20.01.2018 to 28.02.2018 and thereafter issued notice under section 74 of the Act. Apart from that statement of GSTR-2A and GSTR-3B and claim of transit sale is contradictory in nature. The petitioner has not made payment to the respective sellers from which the petitioner has purchased the materials rather he had made payment to another firm which is sufficient to substantiate that the petitioner has done total fake transactions to take huge amount of ITC on the basis of forged documents which needs detailed investigation. The petitioner has created fabricated documents. The IO has found that petitioner has created forged and fabricated papers without any inward supply of materials, obtained the benefit of ITC of huge amount which is a very serious offence.
Held that:- The Hon’ble High Court rejected the prayer for anticipatory bail.
The Investigating Officer has found that petitioner has created forged and fabricated papers without any inward supply of materials and by showing forged bill where no consignment number, vehicle number or transport bills, obtained the benefit of input tax credit of huge amount from the G.S.T. which is a very serious offence and also in view of the fact that huge financial amount is involved, this Court is accordingly rejected the prayer for anticipatory bail of the petitioner.
Section 132 of the CGST Act, 2017 — Anticipatory Bail –- The petitioner is apprehending arrest in connection for the offence punishable under Section 132(1)(c), 132(1)(e) and 132(1)(i) of the Act. It is alleged that the petitioner on the basis of forged rent agreement and other documents, has wrongly obtained the registration certificate, without any inward supply of goods, forged ITC of Rs. 5,73,42,065.90 has been credited. The counsel for the petitioner submitted that F.I.R. has been filed without initiating a proceeding under section 73/74 , which is mandatory before institution of a criminal case. The court observed that after inquiry, the respondent has found the petitioner liable for sale of goods between 20.01.2018 to 28.02.2018 and thereafter issued notice under section 74 of the Act. Apart from that statement of GSTR-2A and GSTR-3B and claim of transit sale is contradictory in nature. The petitioner has not made payment to the respective sellers from which the petitioner has purchased the materials rather he had made payment to another firm which is sufficient to substantiate that the petitioner has done total fake transactions to take huge amount of ITC on the basis of forged documents which needs detailed investigation. The petitioner has created fabricated documents. The IO has found that petitioner has created forged and fabricated papers without any inward supply of materials, obtained the benefit of ITC of huge amount which is a very serious offence.
Held that:- The Hon’ble High Court rejected the prayer for anticipatory bail.