2022 (10) TMI 619

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....cuments on record. 2. The Ld. Advocate for applicant submitted that applicant is arrested by Authorities of GST alleging that applicant committed an offence punishable under Section 132 of GST Act. It is further contended that applicant and his other partners are doing business of erection of poly house with farmers by agreement of contract farming. For the purpose of erection of poly house, they have accepted advance amount from farmers. As per their agreement, they will purchase yield from farmers produced from poly house. During investigation by GST Officer, they claimed that applicant and his firm have received amount of Rs.2,91,76,59,732/as advance payment for which they shall have to pay GST of Rs.52,51,78,751.76. In addition, appl....

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....der protest till settlement of their liability. So there is no need of further detention of applicant. Hence, prayed for grant of bail. 3. Ld. SPP for GST opposed the application. It is his contention that applicant and his firm have utilized inadmissible ITC and there is evasion of GST to the tune of Rs.41 crores. It may be increased in future during investigation. It is his contention that offence is serious. Huge amount is involved. It is economic offence. Hence, prayed for rejection of application. 4. During argument and by way of say, GST Authorities have admitted that ITC worth Rs.25,09,02,451/is reversed by firm of applicant as well as it is also admitted that amount of Rs.10,39,00,000/is deposited. In view of such admitted pos....

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....eir submissions that investigation is in crucial stage. For it also there is no explanation. In view of the fact coming forth from submissions from both sides, there is no prima facie intention, fraud of any record for claiming Input Tax Credit as well as there is no any prima facie false and fabricated record for the purpose of evasion of any tax. Applicant is coming with bonafide by making statement that he is ready to pay any tax which is liable to pay after legal interpretation about their liability. In such circumstances, I am of the opinion that on the basis of proposal before GST Authorities to pay amount of Rs.5 crores per month till settlement of the amount and by taking appropriate surety and condition to cooperate GST Authorit....