The allegations against the accused are serious and investigation is still underway. Accordingly bail application stands dismissed.
Section 132 of the CGST Act, 2017— Bail – The appellant is engaged in the business of supply of LED lights mainly to Ministry of Railways, Nuclear Power Corporation of India government tenders. The applicant’s arrest has been effected in contravention of the provision u/s 69 of the Act. It is alleged that the applicant has neither received any goods or dispatched but paper transactions happened. The applicant counsel submitted that transactions have been done under proper invoices by discharging applicable tax liabilities and payments have been received through proper banking channel and goods received /supplied through proper e-way bills. The investigation is complete and accused is suffering from diabetic. The respondent counsel submitted that accused have utilized and availed fraudulent ineligible ITC to the tune of Rs. 15 crores as such committed a serious economic offence. The court observed that accused is in jail since 23.07.2021. The bail application of the co-accused has been dismissed and the other co-accused persons are still absconding. If accused is released at this juncture, he would definitely interdict with the fair investigation given the fact that the absconding accused persons may be protected by him.
Held that:- The Hon’ble High Court dismissed the application.
The allegations against the accused are serious and investigation is still underway. Accordingly bail application stands dismissed.
Section 132 of the CGST Act, 2017— Bail – The appellant is engaged in the business of supply of LED lights mainly to Ministry of Railways, Nuclear Power Corporation of India government tenders. The applicant’s arrest has been effected in contravention of the provision u/s 69 of the Act. It is alleged that the applicant has neither received any goods or dispatched but paper transactions happened. The applicant counsel submitted that transactions have been done under proper invoices by discharging applicable tax liabilities and payments have been received through proper banking channel and goods received /supplied through proper e-way bills. The investigation is complete and accused is suffering from diabetic. The respondent counsel submitted that accused have utilized and availed fraudulent ineligible ITC to the tune of Rs. 15 crores as such committed a serious economic offence. The court observed that accused is in jail since 23.07.2021. The bail application of the co-accused has been dismissed and the other co-accused persons are still absconding. If accused is released at this juncture, he would definitely interdict with the fair investigation given the fact that the absconding accused persons may be protected by him.
Held that:- The Hon’ble High Court dismissed the application.