ArticleGST Article

Where respondent-assessee was granted bail and no complaint had been filed against him even after 5 years have elapsed since the investigation began, the bail cannot be cancelled

The Hon’ble Delhi High Court in Directorate General of GST Intelligence held that cancellation of bail is not justified in absence of supervening circumstances, especially when no complaint is filed and the accused has deposited more than 10% of the disputed ITC liability & fulfilled all the pre-conditions for grant of bail.

GST ArticleHigh Court

Bail may be conditionally granted in cases of fraudulent ITC availment through fake invoices

The Hon’ble Allahabad High Court in M/s. Pradip Kumar Jain allowed bail to the Assessee, considering nature of offense, punishment, lack of evidence regarding creation of fake firms, and period of jail stay, the Assessee made out case for bail. The bail was granted subject to conditions including non-tampering with evidence and appearing before trial court.