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Bombay HC denied bail to accused for offence of fraudulent availment and passing of ITC of Rs 66 crores

May 15, 2021[2021] 127 198 (Bombay)

GST : Where petitioner was proprietor of firm and director of company which had fraudulently availed ITC of Rs.66 crores only on basis of mere documents i.e. Invoices/ E-way Bills, without receipt of any goods in contravention of provisions of Section 16(2) of CGST Act, 2017 and petitioner was arrested for playing a prominent role in fraudulent availment of and passing of ITC without supply of goods, attracting punishment under provisions of Section 132, it was held that considering magnitude and scale of alleged fraud involving public money and critical stage, when investigation to get hold of mastermind/ king pin and other key conspirators as well as modus operandi was underway in which Petitioner through his sole proprietary concern, as well as through Pvt. Limited Company, was alleged to be an active participant, at instant stage bail under Article 226 of Constitution of India could not be granted to petitioner.

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