The matter involves availment of huge amount of tax input credit. Therefore, a thorough investigation is certainly required. Any protection granted to the applicant from arrest would rather, be a sure impediment in such investigation.
The applicant is not entitled for any protection from arrest, and hence the application of bail rejected.
Section 132 of the CGST Act, 2017 – Anticipatory Bail -- The applicant sought anticipatory bail for the offence under Section 132 of the Act. The applicant premise was searched by the department. He was coerced to deposit Rs. 15,00,000/on 4/2/2021 and was also coerced to prepare a post dated cheque for Rs. 2.31 Crores. One officer of the respondent made a proposal for settling the issues and demanded bribe of Rs. 15,00,000/ and the officer was arrested by CBI/ACB. All the transactions have been recorded in his account books. He has no criminal antecedents nor is a habitual offender. The respondent submitted that the applicant has submitted tax invoices without actually supplying any goods. The applicant has availed the input tax credit of Rs. 12.99 Crores against the supply of goods. The applicant if not arrested is bound to tamper with the evidence concerning those remaining suppliers. The offence is quite serious. The court observed that interrogation with the applicant is necessary as well as there is every possibility of his tampering with the evidence certainly has substance. Any protection from arrest granted to him would grant him the opportunity to tamper with the evidence.
Held that:- The Hon’ble Court rejected the anticipatory bail application.
The matter involves availment of huge amount of tax input credit. Therefore, a thorough investigation is certainly required. Any protection granted to the applicant from arrest would rather, be a sure impediment in such investigation.
The applicant is not entitled for any protection from arrest, and hence the application of bail rejected.
Section 132 of the CGST Act, 2017 – Anticipatory Bail -- The applicant sought anticipatory bail for the offence under Section 132 of the Act. The applicant premise was searched by the department. He was coerced to deposit Rs. 15,00,000/on 4/2/2021 and was also coerced to prepare a post dated cheque for Rs. 2.31 Crores. One officer of the respondent made a proposal for settling the issues and demanded bribe of Rs. 15,00,000/ and the officer was arrested by CBI/ACB. All the transactions have been recorded in his account books. He has no criminal antecedents nor is a habitual offender. The respondent submitted that the applicant has submitted tax invoices without actually supplying any goods. The applicant has availed the input tax credit of Rs. 12.99 Crores against the supply of goods. The applicant if not arrested is bound to tamper with the evidence concerning those remaining suppliers. The offence is quite serious. The court observed that interrogation with the applicant is necessary as well as there is every possibility of his tampering with the evidence certainly has substance. Any protection from arrest granted to him would grant him the opportunity to tamper with the evidence.
Held that:- The Hon’ble Court rejected the anticipatory bail application.