Criminal Procedure Code, 1973
Section 439—Bail—Allegation of availing excess input tax credit under Goods and Services Tax Act—FIR registered under Sections 419, 420, 467, 468, 471 & 120B of the IPC—Case of prosecution that applicant has availed the input tax credit without actual movement of goods on the basis of forged and fictitious documents of supplies were procured from various non-existing firms—Prima facie, applicant is involved in availing excess input tax credit as well as cancellation of e-way bill of huge value by the proprietorship of his firm without any reasonable reason—Department has already issued notice under Section 70 and 74 of the GST Act against the firm of applicant—Record reveals that till date no adjudication order has been passed by the competent authority quantifying the excess availing the input tax credit—Record further reveals that neither any order has been passed by the competent authority cancelling the registration of selling dealer in question nor the registration of the applicant’s firm has been cancelled—Taking into consideration the course of investigation adopted by the Department, the evidence, so collected, the trial will take considerable time and it may happen, if denied bail, the judicial custody of applicant can be prolonged beyond the statutory period of punishment which is five years—Bail granted. [Goods and Services Tax Act, 2017, Section 69 & 132]
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