2022 (3) TMI 164

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....or offences under Section 132(1)(b)(i) of Central General Goods and Service Tax Act 2017 (for short CGST Act) and Section 20 (xv) of the Integrated Goods and Services Tax Act, 2017 (for short IGST Act) by Directorate General of Goods and Service Tax Intelligence, Chandigarh Zonal Unit (DGGI) on the allegations that the petitioners in connivance with each other facilitated M/s Mahesh Trading Company, M/s Rajshree Trading Company and M/s Balaji Trading Company and other Firms in issuing invoices only without actual supply of goods with the motive to earn benefits by fraudulent means and thereby have caused a loss of Rs. 14.33 Crores to the government revenue. 3. Petitioners were arrested on 21.07.2021. They are in custody since then. The com....

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....mily to look after the parents, wife and children etc. Petitioners have undertaken to fully cooperate with the Investigating Agency and to appear in the Court for the purpose of trial on each and every date. Petitioners have further undertaken not to make any inducement, threat or promise to any person and are ready and willing to abide by all the conditions as may be imposed. 5. On notice, respondent has filed reply/status report. It has been averred that the petitioners are involved in a serious offence in passing of Input Tax Credit on the strength of invoices issued from fictitious/bogus firms based at Delhi. During investigation, the respondent has collected sufficient material in the shape of legal evidence showing implication of pet....

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....n in respect of the beneficiary who received fake/goods-less invoices from the firms operated by the petitioners, is still underway and in case petitioners are released on bail, there is every likelihood that they may influence the key persons/witnesses/recipients of fake Input Tax Credit, which may affect the completion of investigation and realization of government revenue. 6. I have heard learned counsel for the petitioners as well as learned counsel for the respondent and have also gone through the status report. 7. Though, there are serious allegations against the petitioners, but the same are required to be proved against them, in accordance with law, in order to secure their conviction, which is likely to take sometime. The offence....

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....at they have their families to support. Even otherwise, such possibility, if any, shall be taken care of while imposing conditions on the petitioners. No previous criminal history of the petitioners has been shown to exist. 10. In view of the above discussions, both the petitions are allowed. Petitioners are ordered to be released on bail, in Complaint No.1/2021, registered by Directorate General of Goods and Service Tax Intelligence, Chandigarh Zonal Unit (DGGI) under Section 132(1)(b)(i) of CGST Act 2017 and Section 20 (xv) of the IGST Act, 2017, on furnishing personal bonds in the sum of Rs. 1,00,000/each with one surety each in the like amount to the satisfaction of the learned trial Court. This order shall, however, be subject to the ....