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If the tax evasion of the applicant is less than Rs.5 crores, then it will be a bailable offence as per the provisions of Section 132(1)(i) read with Sections 132(4) and 132(5) of the Central GST Act, 2017. The applicant is ordered to be released on bail in the event of his arrest.

Section 132 of the CGST Act, 2017 — Anticipatory Bail  –— The applicant prayed for bail for the alleged offence punishable under Section 132(1)(b)(c)(f)(K)(I) of the Act. It is alleged that the applicant has wrongly availed ITC of Rs. 4,51,05,130/-. The counsel for applicant submitted that the case is bailable offence. The applicant is ready and willing to cooperate with the investigation, further custodial interrogation of the applicant is not necessary. The investigation is only premised on the documentary evidence, which is already in custody of with the Investigating Officer. The court observed that after perusing the material placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, they are inclined to grant bail to the applicant.

Held that:- The Hon’ble High Court ordered the applicant be released on bail in the event of his arrest subject to certain conditions.

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