Case Law Details
Sri Avinash Aradhya Vs Commissioner of Central Tax (Karnataka Higth Court)
Conclusion: High Court in the case of assessee had held that by taking into consideration the gravity of the offence and punishment which was liable to be involved where assessee was indulged in issuing fake invoices without actual supply of goods with an intention to fraudulently avail the input tax credit, accused assessee’s were given anticipatory bail for the offence punishable under Section 137 of GST Act, 2017 subject to certain conditions.
Held: Companies of assessee group along with other companies were indulging in continuous issuance of fake invoices without actual supply of goods with an intention to enable them fraudulently avail the input tax credit. This act was an offence and it was criminal in nature. On the basis of the same, complaint was registered. High Court held that by taking into consideration the gravity of the offence and punishment which was liable to be involved , accused – assessees were ordered to be released on bail, it would meet the ends of justice. Also, the accused assessees wre ordered to be enlarged on anticipatory bail in the event of their arrest for the offence punishable under Section 137 of GST Act, 2017 subject to the following conditions:
1. Each of the assessees shall execute a personal bond for a sum of Rs.5,00,000/- (Rupeec- Five Lakh Only) with two sureties for the likesum to the satisfaction of the apprehending authority / authorized officer
2. They shall surrender before the Investigating Officer within 15 days from today.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
