Keeping in view the above facts and circumstances and huge volume of financial loss caused to the department by above fake ITCs issued and passed by the applicant, this application for interim bail is dismissed.
Section 132 of the CGST Act — Bail -- The petitioner sought interim bail for a period of 45 days in view of the directions/ guidelines dated 31.07.2020 of the High Powered Committee constituted by the Hon'ble High Court. The respondent submitted that the applicant was an active director of the above company and was involved in passing and issuance of fake ITCs valuing around Rs. 274 crores. The court observed that guidelines/criteria which may be applicable in a case having maximum sentence of 7 years or less, the relevant guidelines/directions are contained in criteria laid down by the High Powered Committee on 28.03.2020. Vide the said guidelines dated 28.03.2020, such UTPs were directed to be released on interim bail for a period of 45 days if they were in custody for 1 month or more and in case of female UTPs, if she was in custody for a period of 15 days or more and their release was directed preferably on personal bail. Further, observed that huge volume of financial loss caused to the department by above fake ITCs issued, therefore, her case is not covered by the above guidelines.
Held that:-The Hon’ble Court dismissed the interim bail application.
Keeping in view the above facts and circumstances and huge volume of financial loss caused to the department by above fake ITCs issued and passed by the applicant, this application for interim bail is dismissed.
Section 132 of the CGST Act — Bail -- The petitioner sought interim bail for a period of 45 days in view of the directions/ guidelines dated 31.07.2020 of the High Powered Committee constituted by the Hon'ble High Court. The respondent submitted that the applicant was an active director of the above company and was involved in passing and issuance of fake ITCs valuing around Rs. 274 crores. The court observed that guidelines/criteria which may be applicable in a case having maximum sentence of 7 years or less, the relevant guidelines/directions are contained in criteria laid down by the High Powered Committee on 28.03.2020. Vide the said guidelines dated 28.03.2020, such UTPs were directed to be released on interim bail for a period of 45 days if they were in custody for 1 month or more and in case of female UTPs, if she was in custody for a period of 15 days or more and their release was directed preferably on personal bail. Further, observed that huge volume of financial loss caused to the department by above fake ITCs issued, therefore, her case is not covered by the above guidelines.
Held that:-The Hon’ble Court dismissed the interim bail application.