Mis-declaration and Concealment: confiscation affirmed, transaction value re-determined and mandatory penalty sustained; redemption allowed on payment...
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Regular bail in a GST fake invoicing prosecution turned on whether the material then available conclusively showed the applicant's proprietorship, conscious involvement, or criminal intent in the bogus ITC transactions. The High Court noted that the firm stood in another person's name and that the prosecution relied mainly on investigation statements, inter-firm financial transfers, and surrounding circumstances, which required detailed testing at trial. It also noted that investigation had substantially progressed, documentary and electronic material had been seized, and further custodial interrogation was not necessary. Bail was therefore granted on conditions, without any opinion on the merits.
Regular bail in a GST fake invoicing prosecution turned on whether the material then available conclusively showed the applicant's proprietorship, conscious involvement, or criminal intent in the bogus ITC transactions. The High Court noted that the firm stood in another person's name and that the prosecution relied mainly on investigation statements, inter-firm financial transfers, and surrounding circumstances, which required detailed testing at trial. It also noted that investigation had substantially progressed, documentary and electronic material had been seized, and further custodial interrogation was not necessary. Bail was therefore granted on conditions, without any opinion on the merits.
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