Section 132 of the CGST Act, 2017 – Bail –-- The applicant sought bail and challenged the judgment and order dated 7/12/2020 passed by the learned Additional Sessions Judge, whereby, the order dated 25/9/2020 passed by the learned Judicial Magistrate, was set aside and the bail granted to the applicant by order dated 25/9/2020, stands cancelled. It is alleged that the applicant company was engaged in “Circular Trading” and in issuance of fake invoices, for the purpose of availing ITC and passing it off, to other companies, without actual trading / movement of goods. The counsel for the applicant submitted that all the documents / invoices and a laptop of the applicant have already been seized. There is nothing further to be recovered or seized from the applicant. The applicant was ready and willing to compound the offence. The court observed that that the investigation is in progress and the allegations are about substantial evasion of tax to the extent of Rs. 541 Crores by availing ITC without actual trading / movement of goods. The learned Sessions Judge has remitted the matter to the learned Magistrate and therefore it is neither necessary nor appropriate to appreciate the material in details or to record any final conclusion and, therefore, refrain from making any comments.

Held that:- The Hon’ble Court dismissed the Criminal Application. Further, directed that the applicant shall surrender within a period of two weeks. The learned Magistrate shall proceed to hear and decide the application, within a period of two weeks.