Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
In HC, the applicants (anonymized) were granted regular bail in a prosecution alleging fraudulent ITC claims on bogus invoices; the court held the offences are triable by a magistrate with a maximum sentence of five years, applicants had been in custody for over four months, the charge-sheet was filed but charges not yet framed and trial not imminent, rendering further detention unnecessary. The court observed that the prosecution case rests on documentary evidence and confessional statements recorded under section 70 of the CGST Act, whose admissibility must be tested at trial, and noted parity with co-accused on bail. Bail granted subject to furnishing requisite bail and surety bonds to the trial court.
In HC, the applicants (anonymized) were granted regular bail in a prosecution alleging fraudulent ITC claims on bogus invoices; the court held the offences are triable by a magistrate with a maximum sentence of five years, applicants had been in custody for over four months, the charge-sheet was filed but charges not yet framed and trial not imminent, rendering further detention unnecessary. The court observed that the prosecution case rests on documentary evidence and confessional statements recorded under section 70 of the CGST Act, whose admissibility must be tested at trial, and noted parity with co-accused on bail. Bail granted subject to furnishing requisite bail and surety bonds to the trial court.
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