TaxTMI 
TaxTMI 
2021 (3) TMI 145
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....hat he was involved in issuing the invoices without the actual movement of the goods and, thereby, availed wrong Input Tax Credit (ITC). In furtherance of this, it has been contended that owing to merely involvement in issuance of invoices the offence made out against the accused, as per the allegations of the prosecution, are made out under Section 122 of the CGST Act and not under Section 132 of CGST Act. It has been further contended that no complaint or FIR against the applicant has been lodged till date and, therefore, his apprehension is not legal. The complainant department has not till date ascertained the tax liability of the applicant. No notice was ever issued to the applicant under section 74 of the CGST Act. Likewise, there is ....
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.... far found to be involved in availing wrong Input Tax Credit (ITC) and, thereby, caused loss to the tune of Rs. 44.19 Crores to the Government Exchequer. Since the amount of loss caused to the Government Exchequer is much above Rs. 5 Crores, the offences under consideration becomes cognizable and non-bailable. In support of his contentions, Ld. Counsel has referred to various judgments mentioned in reply to the bail application itself. He requests that bail application may kindly be dismissed as the investigation is still pending. 6. I have heard the Ld. Counsel for both the sides at length & perused the record very carefully. 7. The perusal of the record clearly points out that the allegations against the present applicant/accused re....
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.... The role of other persons in whose name the bogus firms have been created is yet to be ascertained and if they had indeed played any role in the commission of the offences under consideration, there are ample provisions under the law to bring them to justice. Simultaneously, it must be considered that the term bogus firms as such does not mean that they are actually not existent. It has been used in a sense that these firms though registered with the concerned authorities are indulging in the act of issuance invoices without the actual movement of goods. Therefore, it is a fact to be determined with the help of evidence as to whether the actual owners of these firms had played any role in the commission of offence or not? The court should,....
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.... offence effecting the economic of the country as a whole and therefore, by causing a serious threat to the financial health of the country'. 12. In the recent case of P.V. Raman Reddy Vs. Union of India WP no. 4764 decided on 18.04.2019 = 2019 (4) TMI 1320 - TELANGANA AND ANDHRA PRADESH HIGH COURT the Hon'ble Supreme Court of India regarding the economic offences under the GST has made the following observations: 'If, even before the GST regimes put on tracks, some one can exploit the law, without the actual purchase or sale of goods or hiring or rendering of services, projecting a huge turnover that remained only on paper, giving rise to a claim for input tax credit to the tune of about Rs. 225.0 crores, there is nothing wrong....