Considering the contentions put forth by counsel for the petitioner, bail application is, accordingly, allowed
Section 132 of the CGST Act, 2017 — Bail– The petitioner filed bail application under Section 439 Cr.P.C for the offence under Sections 132(1)(c) of the Act. The counsel for the petitioner submitted that there was an allegation with regard to wrongful claim of ITC and it was stated that all firms are bogus, but firms were shown in the portal of the Department and three firms still exist. He further submitted that there was an actual movement of the goods, which is established by toll naka receipt, wherein the truck number is also mentioned which tallies with the truck portal of the Department. The offence is of wrongful claim of ITC below Rs.5 crore and the same is bailable and the maximum sentence provided under the Act is five years. Petitioner is in custody since November 2020. The respondent counsel opposed the bail application and submitted that fake firms were created for claiming ITC.
Held that:- The Hon’ble High Court allowed the bail application and directed that the accused-petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- together with two sureties in the sum of Rs.50,000/- each to the satisfaction of the trial Court.