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GST Authorities Can’t Bypass GST Act by Invoking IPC for Fake ITC Claims

Case Law Details

Case Name
Deepak Singhal Vs Union of India And Others (Madhya Pradesh High Court)
Date of Judgement/Order
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Advertisement Deepak Singhal Vs Union of India And Others (Madhya Pradesh High Court) Conclusion: GST authorities could not invoke penal provisions under the Indian Penal Code ( IPC ) without applying the corresponding penal provisions under the GST Act, 2017 especially when the allegations of issuing fake invoices to avail input tax credit ( ITC ) fraudulently fall under the scope of the GST Act. Held: Assessee was a proprietor of M/s. Agrawal Soya Extracts Pvt Ltd, sought the quashing of the FIR registered against him under various sections of the IPC.  The FIR was based on allegations o...
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