TaxTMI 
TaxTMI 
2021 (6) TMI 828
X X X X Extracts X X X X
X X X X Extracts X X X X
....(ORAL) Case is taken up for hearing through video conferencing. The petitioner has filed this petition under Section 439 of Cr.P.C. for grant of regular bail in a case registered by State Tax Officer, Ludhiana, under Section 132(1)(c) of the Central GST Act, 2017 and Punjab GST Act, 2017. Copy of custody certificate by way of affidavit dated 09.04.2021 of the Deputy Superintendent, Central Jail....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ioner seriously disputes the same. It is further argued that as on date of filing of the petition, no FIR or complaint had been filed and in the complaint subsequently filed, the petitioner is ready to face the trial. It is also submitted that there is a challenge to the vires of Section 69 and 132 of the Central Goods and Service Tax Act, 2017 in CWP No. 8004 of 2020 titled as Tarun Bassi Vs. St....
X X X X Extracts X X X X
X X X X Extracts X X X X
..../interim bail has been granted to the similarly placed persons. Reliance has also been placed on an interim order passed by the Bombay High Court in Writ Petition No.471 of 2021 titled as Daulat Samirmal Mehta Vs. Union of India. In that case too, there was allegedly a wrongful availing of Input Tax Credit amounting to Rs. 122.59 crores by Daulat Samirmal Mehta. Moreover, co-accused Arun Gupta, fa....
X X X X Extracts X X X X
X X X X Extracts X X X X
....regular bail has been denied to the petitioner therein was primarily on the ground that the investigation was still incomplete. In the instant case, as noticed above, the investigation is already complete and even the challan has also been presented. Therefore, no useful purpose would be served by keeping the petitioner behind the bars. In view of the above, the instant petition is allowed and th....