Considering all the facts and circumstances accused Mohinder kumar be released on bail on furnishing personal bond
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 there is no liability upon the accused as alleged against him. The difference of ITC availed and ITC passed on by the accused is merely 3 crores. The liability of accused is less than Rs. 5 crores therefore, in terms of section 132(5) of the CGST Act, the offence is bailable. The petitioner relied the judgment of Hon'ble Punjab and Haryana High Court in Akhil Krishan Maggu and Anr. v. Dy. Director of DGGI & others in CWP No.24195 of 2019 and the judgement of Hon'ble High Court of Delhi in Make My Trip vs. Union of India 2016 (44) STR 481 (DELHI) and Raghav Aggarwal v. Commissioner of central Tax and GST Delhi North (Bail application No.4019/2020. The respondent counsel opposed the bail and submitted that the petitioner, is the proprietor in two firms which upon verification, were found as non existent and found operating these two firms only to avail and pass on ineligible fraudulent ITC of Rs. 54.53 crores. The respondent submitted that the adjudication in this case is yet to be initiated. The court observed that it could not be revealed that what is the exact amount which went into the pocket of the accused as fraudulent ITC. The adjudication proceedings still not been initiated and which is also not likely to be started in near future. The court relied the judgement of Make My Trip vs. Union of India 2016 (44) STR 481 (DELHI) and Akhil Krishan Maggu and Anr. v. Dy. Director of DGGI & others in CWP No.24195 of 2019.He is already in custody since 13.02.2021, accused is stated to be an old aged person of 60 years suffering from several ailments, who is also having the responsibility of taking care of his old parents.
Held that:-The Hon’ble Court granted bail to the applicant on furnishing personal bond in the sum of Rs. 5 lacs with one surety in the like amount subject to certain conditions.
Considering all the facts and circumstances accused Mohinder kumar be released on bail on furnishing personal bond
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 there is no liability upon the accused as alleged against him. The difference of ITC availed and ITC passed on by the accused is merely 3 crores. The liability of accused is less than Rs. 5 crores therefore, in terms of section 132(5) of the CGST Act, the offence is bailable. The petitioner relied the judgment of Hon'ble Punjab and Haryana High Court in Akhil Krishan Maggu and Anr. v. Dy. Director of DGGI & others in CWP No.24195 of 2019 and the judgement of Hon'ble High Court of Delhi in Make My Trip vs. Union of India 2016 (44) STR 481 (DELHI) and Raghav Aggarwal v. Commissioner of central Tax and GST Delhi North (Bail application No.4019/2020. The respondent counsel opposed the bail and submitted that the petitioner, is the proprietor in two firms which upon verification, were found as non existent and found operating these two firms only to avail and pass on ineligible fraudulent ITC of Rs. 54.53 crores. The respondent submitted that the adjudication in this case is yet to be initiated. The court observed that it could not be revealed that what is the exact amount which went into the pocket of the accused as fraudulent ITC. The adjudication proceedings still not been initiated and which is also not likely to be started in near future. The court relied the judgement of Make My Trip vs. Union of India 2016 (44) STR 481 (DELHI) and Akhil Krishan Maggu and Anr. v. Dy. Director of DGGI & others in CWP No.24195 of 2019.He is already in custody since 13.02.2021, accused is stated to be an old aged person of 60 years suffering from several ailments, who is also having the responsibility of taking care of his old parents.
Held that:-The Hon’ble Court granted bail to the applicant on furnishing personal bond in the sum of Rs. 5 lacs with one surety in the like amount subject to certain conditions.