There is no reason to grant concession of bail to the accused as investigation is still pending.
Section 132 of the CGST Act, 2017— Bail -- The applicant prayed for bail on the ground that he has been falsely implicated in this case and no complaint or FIR against has been lodged till date. The department has not till date ascertained the tax liability of the applicant. No notice was ever issued to the applicant under Section 74 of the Act. The applicant relied upon the judgments passed in the case of Akhil Krishan Maggu and another Vs. Deputy Director, Dggi and others CWP No. 24195 of 2019(O&M).The respondent counsel submitted that the applicant has been found to be involved in availing wrong ITC of Rs. 44.19 Crores. Since the amount of loss caused is much above Rs. 5 Crores, the offence under consideration becomes cognizable and non-bailable. The court observed that the case in hand is still under investigation. The possibility of tampering with witnesses can not be ruled out.
Held that:-The Hon’ble Court dismissed the bail application.
There is no reason to grant concession of bail to the accused as investigation is still pending.
Section 132 of the CGST Act, 2017— Bail -- The applicant prayed for bail on the ground that he has been falsely implicated in this case and no complaint or FIR against has been lodged till date. The department has not till date ascertained the tax liability of the applicant. No notice was ever issued to the applicant under Section 74 of the Act. The applicant relied upon the judgments passed in the case of Akhil Krishan Maggu and another Vs. Deputy Director, Dggi and others CWP No. 24195 of 2019(O&M).The respondent counsel submitted that the applicant has been found to be involved in availing wrong ITC of Rs. 44.19 Crores. Since the amount of loss caused is much above Rs. 5 Crores, the offence under consideration becomes cognizable and non-bailable. The court observed that the case in hand is still under investigation. The possibility of tampering with witnesses can not be ruled out.
Held that:-The Hon’ble Court dismissed the bail application.