2022 (5) TMI 1234

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....t to the tune of Rs. 5.65 crores from various non-existent suppliers, without receipt of goods. During the period July 2017 to November 2020, the firm of the accused M/s Saibro Industries availed this input tax credit. Investigation revealed that most of the suppliers were not working from the registered premises. Of some other suppliers, the status of GST registration was found as cancelled. Some suppliers admitted during the course of investigation that they issued goodless invoices without supply of goods. It is alleged that the accused has committed the offence punishable under Section 132(1)(b)(c) (i)(3)(5) of the CGST Act, 2017, which is cognizable and non-bailable. 3. In the bail application, the applicant-accused has contended th....

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....Special Public Prosecutor for the CGST Department has filed the reply raising preliminary objections, inter alia, that the accused was not cooperative during investigation and a complaint for non-compliance of summons was filed against him which is pending for 11.05.2022. That when the premises of the accused was raided on 09.02.2021, it was found that another company was working from the said premises. That the premises of the suppliers were also inspected and most of them were not existing or their registration were found cancelled. That the proprietor M/s Saibro Industries willfully availed input tax credit from the suppliers who were never engaged in the supply of goods. They are either non-existent or non-functional. The payment of oth....