Case Law Details

Case Name : Sumit Dutta Vs Union of India (Rajasthan High Court)
Appeal Number : S.B. Criminal Miscellaneous Bail Application No. 5371/2021
Date of Judgement/Order : 20/04/2021
Related Assessment Year :

Sumit Dutta Vs Union of India (Rajasthan High Court)

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

2. Complainant No. IV(06)157/AE/JPR/2020 was registered at Central Goods and Service Tax & Central Excise Commisionrate, Jaipur, for offences under Section 132 of CGST Act, 2017.

3. It is contended by counsel for the petitioner that petitioner was an employee in M/s Veto Merchandise and resigned in Feb. 2020. It is also contended that petitioner has also furnished details to establish that there was actual movement of the goods. It is further contended that co-accused Bhasker Jangir has been given benefit of bail by this Court. It is contended that offence is punishable by five years imprisonment and is triable by Magistrate.

4. Learned Public Prosecutor has opposed the bail application. It is contended that at the relevant time petitioner was partner in M/s Veto Merchandise and a sum of Rs. 47 crore was claimed as Input Tax Credit without any transportation of goods. It is also contended that on the basis of fake bills and invoices input tax credit was passed on to firms which were existing in papers. It is contended that the sum involved is to the tune of Rs.47 crore.

5. I have considered the contentions.

6. Considering the contentions put forth learned Public Prosecutor, I am not inclined to grant bail to the petitioner.

7. Criminal Misc. Bail Application is accordingly, rejected.

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May 2021