The present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the concerned trial Court.
Section 132 of the CGST Act, 2017—Bail -- The petitioner prayed for regular under Section 439 Cr.P.C. FIR was registered by the Excise and Taxation Officer, Panipat. It is alleged that the petitioner had got himself registered on the basis of fake and forged documents and utilized ITC for himself and passed ITC to other firms/taxable persons by generating E-way bills and issuing invoices. The counsel for the Petitioner submitted that the petitioner has not been named in the FIR and the amount of Rs. 1,12,65,909/- which is stated to be the evasion of GST, has already been recovered from other co accused. The court observed that the Petitioner is in custody since 27.11.2020 and there are as many as 23 witnesses, out of which none have been examined and the trial is likely to take time and the amount of GST said to have been evaded has already been recovered and no amount of ITC has been credited in the account of the present petitioner and also since the petitioner was not named in the FIR.
Held that:-The Hon’ble High Court allowed the present petition and ordered that the petitioner be released on bail subject to certain conditions.
The present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the concerned trial Court.
Section 132 of the CGST Act, 2017—Bail -- The petitioner prayed for regular under Section 439 Cr.P.C. FIR was registered by the Excise and Taxation Officer, Panipat. It is alleged that the petitioner had got himself registered on the basis of fake and forged documents and utilized ITC for himself and passed ITC to other firms/taxable persons by generating E-way bills and issuing invoices. The counsel for the Petitioner submitted that the petitioner has not been named in the FIR and the amount of Rs. 1,12,65,909/- which is stated to be the evasion of GST, has already been recovered from other co accused. The court observed that the Petitioner is in custody since 27.11.2020 and there are as many as 23 witnesses, out of which none have been examined and the trial is likely to take time and the amount of GST said to have been evaded has already been recovered and no amount of ITC has been credited in the account of the present petitioner and also since the petitioner was not named in the FIR.
Held that:-The Hon’ble High Court allowed the present petition and ordered that the petitioner be released on bail subject to certain conditions.