Bail Condition to deposit INR 70 Lakhs for alleged wrongful availment of ITC is not sustainable

Subhash Chouhan Vs Union of India (Supreme Court of India)

Bail Condition to deposit INR 70 Lakhs for alleged wrongful availment of ITC is not sustainable

The Hon’ble Supreme Court in the matter of Subhash Chouhan v. Union of India [Criminal Appeal No. 186 /2023 dated January 20, 2023] set aside the condition imposed by the Hon’ble Chhattisgarh High Court, of depositing an amount of INR 70,00,000/- for grant of bail to the assessee, in a matter of wrongful availment of Input Tax Credit (“ITC”).

Facts:

Subhash Chouhan (“the Appellant”) was arrested on October 27, 2021 for alleged wrongful availment of INR 6,95,32,472/- as ITC by procuring invoices from fake and fictitious firm and also supplied goods without payment of tax and without issuing invoices to the tune of INR 27,70,559/-.

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