Rajasthan High Court dismissed bail application of chartered accountant alleged in creating fake firm and availing ITC wrongfully.
Section 132 of the CGST Act, 2017 — Bail– The petitioner filed bail application for offence under Sections 132 (1)(b),(c)(f) & (1) of the Act. The petitioner counsel submitted that the petitioner has been falsely implicated he is a chartered accountant by profession and not liable for the offences committed by co-accused persons. The maximum sentence for the offences alleged against the petitioner is five years and the petitioner is in custody since 19.02.2021 and conclusion of trial may take long time. The co-accused persons have already been released on bail by a Co-ordinate Bench of this Court. The counsel for the respondent submitted that the petitioner is the main accused and allegation against him are of availment by passing of ITC wrongfully to the tune of Rs. 6.36 Crore by creating 38 fake firms. The petitioner has absconded for about one year. The court observed that the petitioner failed to appear before the Department while notices were issued to him, and even after filing of complaint before the learned Trial court, he remained absconded for about one year. The petitioner is a chartered accountant, who is master mind of the crime and has created 38 fake firms.
Held that:- The Hon’ble High Court dismissed the bail application.
Rajasthan High Court dismissed bail application of chartered accountant alleged in creating fake firm and availing ITC wrongfully.
Section 132 of the CGST Act, 2017 — Bail– The petitioner filed bail application for offence under Sections 132 (1)(b),(c)(f) & (1) of the Act. The petitioner counsel submitted that the petitioner has been falsely implicated he is a chartered accountant by profession and not liable for the offences committed by co-accused persons. The maximum sentence for the offences alleged against the petitioner is five years and the petitioner is in custody since 19.02.2021 and conclusion of trial may take long time. The co-accused persons have already been released on bail by a Co-ordinate Bench of this Court. The counsel for the respondent submitted that the petitioner is the main accused and allegation against him are of availment by passing of ITC wrongfully to the tune of Rs. 6.36 Crore by creating 38 fake firms. The petitioner has absconded for about one year. The court observed that the petitioner failed to appear before the Department while notices were issued to him, and even after filing of complaint before the learned Trial court, he remained absconded for about one year. The petitioner is a chartered accountant, who is master mind of the crime and has created 38 fake firms.
Held that:- The Hon’ble High Court dismissed the bail application.