The present offence can be categorized as “economic offence” where huge public money in the form of alleged tax liability of Rs. 137.00 Crores is involved. While considering the present applications and in the facts of the present case, this Court is of the view that the applicants are not entitled to be released on anticipatory bail.
Section 132 of the CGST Act, 2017 — Anticipatory Bail —–The applicants prayed for anticipatory bail. It is alleged that the applicants have claimed to purchase the material worth of Rs. 762.00 crores, which in fact has not purchased but fake bills have been obtained so as to wrongfully claim ITC from 36 different firms and companies. It is further alleged that the applicants thereby evaded payment of State Tax worth of Rs. 137.00 crores. The applicants counsel submitted that SCN was issued to the Company on 05.11.2020 in relation to the period from 01.07.2017 to 03.10.2019 raising total demand of Rs. 10,43,33,762/-, against which they deposited Rs. 7,71,22,360/- to avoid further financial burden under protest. The respondent counsel submitted that in the economic offence involving huge public money, this Court may not entertain the present applications for the grant of anticipatory bail. The court observed that the transaction worth of Rs. 737.00 Crores were entered into with 36 dummy firms and there would be liability of more than Rs. 137.00 Crores. The Court further observed that the custodial interrogation of the applicants would be required.
Held that:- The Hon’ble High Court dismissed the present application
The present offence can be categorized as “economic offence” where huge public money in the form of alleged tax liability of Rs. 137.00 Crores is involved. While considering the present applications and in the facts of the present case, this Court is of the view that the applicants are not entitled to be released on anticipatory bail.
Section 132 of the CGST Act, 2017 — Anticipatory Bail —–The applicants prayed for anticipatory bail. It is alleged that the applicants have claimed to purchase the material worth of Rs. 762.00 crores, which in fact has not purchased but fake bills have been obtained so as to wrongfully claim ITC from 36 different firms and companies. It is further alleged that the applicants thereby evaded payment of State Tax worth of Rs. 137.00 crores. The applicants counsel submitted that SCN was issued to the Company on 05.11.2020 in relation to the period from 01.07.2017 to 03.10.2019 raising total demand of Rs. 10,43,33,762/-, against which they deposited Rs. 7,71,22,360/- to avoid further financial burden under protest. The respondent counsel submitted that in the economic offence involving huge public money, this Court may not entertain the present applications for the grant of anticipatory bail. The court observed that the transaction worth of Rs. 737.00 Crores were entered into with 36 dummy firms and there would be liability of more than Rs. 137.00 Crores. The Court further observed that the custodial interrogation of the applicants would be required.
Held that:- The Hon’ble High Court dismissed the present application