Pre-existing operational debt disputes require genuine evidence, while undirected running-account payments may be appropriated on a first-in-first-out...
Agency in CNG distribution makes outlet operators commission agents, rendering taxable Business Auxiliary Service rather than purchasing goods for res...
Composite inpatient healthcare supply may retain exemption despite MRP medicine billing, while separate taxable sale characterisation remains disputed...
Grant of bail involving wrongful availment of input tax credit by generating fake invoices causing wrongful gain to companies and wrongful loss to the Government. Court analyzed whether evidence available against petitioner regarding committing offense under CGST Act. Held that absence of material indicating accused petitioner as manager of firms not essential for prosecution u/s 132 of CGST Act. Provisions state whoever commits or causes to commit and retains benefits from supplies without invoice or without supplying goods avails input tax credit is liable. Court below erred in assessing consequence and spirit of Section 132. Incriminating material against petitioner ignored. While considering bail, gravity of offenses and misconstruing facts and legal position not considered. Cancellation of bail allowed, order granting bail set aside.
Grant of bail involving wrongful availment of input tax credit by generating fake invoices causing wrongful gain to companies and wrongful loss to the Government. Court analyzed whether evidence available against petitioner regarding committing offense under CGST Act. Held that absence of material indicating accused petitioner as manager of firms not essential for prosecution u/s 132 of CGST Act. Provisions state whoever commits or causes to commit and retains benefits from supplies without invoice or without supplying goods avails input tax credit is liable. Court below erred in assessing consequence and spirit of Section 132. Incriminating material against petitioner ignored. While considering bail, gravity of offenses and misconstruing facts and legal position not considered. Cancellation of bail allowed, order granting bail set aside.
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