Confiscation and duty recovery quashed where licensing records show export obligation discharged; customs lacks jurisdiction absent licence annulment ...
FOB is Incoterm reflecting exporter's transaction value; declared shipping bill value not automatically confiscable under s.113(i), s.125, ss.114(i) a...
The HC dismissed the petition for bail and remanded the petitioner in custody. The court held there existed reasonable grounds to believe the petitioner committed offences under s.132(1) of the CGST Act, 2017, for wrongfully availing and passing on ineligible ITC totalling Rs. 19.76 crores, exceeding the statutory threshold. A clerical error in the arrest authorization did not vitiate the reasons to believe, which were otherwise specific and reasoned. As investigation remained incomplete, several co-accused were absconding, and there was a real risk of evidence tampering, the court concluded that bail would impede the probe and therefore refused relief.
The HC dismissed the petition for bail and remanded the petitioner in custody. The court held there existed reasonable grounds to believe the petitioner committed offences under s.132(1) of the CGST Act, 2017, for wrongfully availing and passing on ineligible ITC totalling Rs. 19.76 crores, exceeding the statutory threshold. A clerical error in the arrest authorization did not vitiate the reasons to believe, which were otherwise specific and reasoned. As investigation remained incomplete, several co-accused were absconding, and there was a real risk of evidence tampering, the court concluded that bail would impede the probe and therefore refused relief.
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