AI OCR 
TaxTMI 
TaxTMI 
TaxTMI 
2022 (7) TMI 132
X X X X Extracts X X X X
X X X X Extracts X X X X
....ntral Goods and Service Tax, 2017 (for short 'Act'). 2. According to case of the respondent No.2, the officer of Directorate General of GST Intelligence, Zonal Unit, Ahmedabad received specific intelligence that M/s. Bright Corporation, a Partnership Firm, having principal place of business at Ahmedabad, doing scrape business indulged in availing and passing on Input Tax Credit (for short 'ITC') to various buyers, without actual supply of corresponding goods. Search of Operations were carried out and during the investigation, it was found that 22 suppliers of M/s Bright Corporation were found non-existence or non-operational at their registered premises and they have supplied only invoices without actual supply of goods having ITC value of....
X X X X Extracts X X X X
X X X X Extracts X X X X
....moved an applications for regular bail before the Courts below and Courts below have rejected the bail application vide its order dated 23.12.2021 and 11.01.2022 respectively. 5. This Court has heard learned counsel Mr. Chetan Pandya, for and on behalf of applicant, Mr. Priyank Lodha, learned Standing Counsel for the respondent no. 2 and Mr. Manan Mehta, learned APP for the respondent State. 6. Mr. Chetan Pandya, learned counsel for and on behalf of the applicant has submitted that the allegations leveled against the applicant are false and frivolous and applicant has not at all availed and utilized the ITC as being alleged fraudulently. In this context, it was further submitted that the applicant is inactive partner of the firm and the e....
X X X X Extracts X X X X
X X X X Extracts X X X X
....aid contentions, learned counsel submitted that the offence is compoundable and entire case is based on documentary evidence and same has been seized and recovered by the authority and trial of the case would not conclude in a reasonable time. Thus, therefore, learned counsel submitted that discretion may kindly be exercised by enlarging the applicant on bail. 9. On the other hand, learned Standing Counsel Mr. Lodha appearing for respondent no. 2 opposed the contentions raised on behalf of the learned counsel for the applicant and reiterating the facts of the affidavit filed by the officer of the Department, contended that the amount of tax evasion is of Rs.17.65 crore. The applicant is involved in economic offence, which is serious in nat....
X X X X Extracts X X X X
X X X X Extracts X X X X
....rved as follows : "Thus from cumulative perusal of the judgments cited on either side including the one rendered by the Constitution Bench of this Court, it could be deduced that the basic jurisprudence relating to bail remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that the accused has the opportunity of securing fair trial. However, while considering the same the gravity of the offence is an aspect which is required to be kept in view by the Court. The gravity for the said purpose will have to be gathered from the facts and circumstances arising in each case. Keeping in view the consequences that would befall on the society in cases of financial irregularities, it has been held th....
X X X X Extracts X X X X
X X X X Extracts X X X X
....rial of the case will take considerable time. The applicant is in custody since 26.11.2021 and he having no any past antecedent of like nature and there is no possibility of he being flee from justice and therefore, this Court does not find any good reason to detain the applicant in custody, that too, after completion of investigation and filing of the complaint. 14. In view of the above discussion, I find that no useful purpose would be served by keeping the applicant behind bar, thus, present application is allowed and he is ordered to be released on bail. 15. Hence, the applicant is ordered to be released on regular bail in connection with the File No. DGGI/AZU/Gr.D/12(4)72/2018-19, on executing a personal bond of Rs.10,000/- (Rupees T....