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Goods and Services Tax

HC denies bail to accused in wrongful ITC availment case

Case Law Details

TaxGuru Citation
2020 taxguru.in 2475
Case Name
Mohammed Yunus @ Mohameed Yunus Vs Union of India (Rajasthan High Court)
Date of Judgement/Order
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Mohammed Yunus Vs Union of India (Rajasthan High Court)

1. Petitioner has filed this third bail application under Section 439 of Cr.P.C.

2. F.I.R. No. DGGI/JZU/INV/GRH/GST/109/2019-20 was registered at Police Station Senior Intelligence Directorate, Jaipur, Zonal Unit, Jaipur for offence under Sections 132(1) of Goods and Services Tax Act, 2017.

3. It is contended by counsels for the petitioner that sentence provided for the offence is five years. Petitioner has remained in custody for a period of one year. It is contended that in similar type of cases, bail have been granted. It is also argued that the matter is still at the stage of pre-charge evidence.

4. Learned Public Prosecutor and counsel for Union of India have opposed the bail application. It is contended that petitioner has created 26 firms to facilitate availment and utilization of input Tax Credit to the tune of Rs. 108.36 crores.

5. I have considered the contentions.

6. Considering the contentions put forth by counsel for Union of India, I am not inclined to entertain the third bail application.

Accordingly, this Criminal Misc. Third Bail Application is dismissed.

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