There are allegations against the applicant about commission of economic offence. It is not just to exercise discretion in favour of the applicant at this initial stage. There is no case for grant of bail.
Section 132 of the CGST Act, 2017 – Anticipatory Bail -- The applicant sought bail for the offences punishable under Section 132 (1) (I) of the Act, 2017. The advocate for the applicant submitted that unless and until assessment as provided under Section 73 and 74 of the Act is made no offence can be said to be made out and respondent has never served notice upon the applicant. The Respondent submitted that said firm had availed inadmissible Input Tax Credit on the basis of invoices and in turn have issued fake GST invoices without accompanying goods so as to enable the recipients to avail inadmissible Input Tax Credit to the tune of Rs. 33.92 Crores. The court observed that there are allegations against the applicant about commission of economic offence. Relying on the Hon'ble Apex Court in the case of Nimma Gaudda, no case is made out for grant of bail by the applicant.
Held that:- The Hon’ble High Court rejected the bail application.
There are allegations against the applicant about commission of economic offence. It is not just to exercise discretion in favour of the applicant at this initial stage. There is no case for grant of bail.
Section 132 of the CGST Act, 2017 – Anticipatory Bail -- The applicant sought bail for the offences punishable under Section 132 (1) (I) of the Act, 2017. The advocate for the applicant submitted that unless and until assessment as provided under Section 73 and 74 of the Act is made no offence can be said to be made out and respondent has never served notice upon the applicant. The Respondent submitted that said firm had availed inadmissible Input Tax Credit on the basis of invoices and in turn have issued fake GST invoices without accompanying goods so as to enable the recipients to avail inadmissible Input Tax Credit to the tune of Rs. 33.92 Crores. The court observed that there are allegations against the applicant about commission of economic offence. Relying on the Hon'ble Apex Court in the case of Nimma Gaudda, no case is made out for grant of bail by the applicant.
Held that:- The Hon’ble High Court rejected the bail application.