GST DAILY – 198

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HC denied bail to person who availed huge amount of bogus ITC as investigation was still going on

THE Hon’ble CHHATTISGARH HIGH COURT in the case of ASHISH BANSAL V/s UNION OF INDIA, decided on 3-1-2024

👉 Issue:-

✔️ Can bail application be rejected if person who availed huge amount of bogus ITC as investigation was still going on?

👉 The Hon’ble High Court Judgement:-

✔️ Where accused was arrested in connection with crime for offence under sections 16, 132(1)(b) & 132(1)(c) of CGST Act, investigation still going on, mere fact that applicant was in jail since last ten months could not be a ground to enlarge him on bail, application for grant of regular bail was to be rejected. Punishment for certain offences.

✔️ Non applicant submitted that, fraud was played at PAN India level and investigation was going on, release of applicant on bail may hamper investigation in progress. Mere fact that applicant was in jail since 7-2-2023 could not be a ground to enlarge him on bail, particularly when investigation was going on. Thus, application for grant of regular bail was to be rejected.

Section 132(1)(b) & 132(1)(c) read with sections 16 of Central Goods and Services Tax Act, 2017

CA Pradeep Modi
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