2022 (12) TMI 519

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....of GST Intelligence, GST, Raipur for commission of offence punishable under Section 132 (1) (b) (c) of the Goods and Services Tax Act, 2017 (henceforth 'the GST Act'). 2. Case of non-applicant Department, in brief, is that based on GST Intelligence report, non-applicant started investigation, during course of investigation it revealed that M/s Manoj Enterprises, Raipur had never made any kind of purchase from any entity, it is non-existent firm at the registered address. It further revealed that applicants have formed forged firms in Chhattisgarh, Jharkhand, Madhya Pradesh, West Bengal and Maharashtra; availed illegal benefits of input tax credits and thereby caused loss of Rs.258 Crore approximately to the government ex-chequer du....

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....e order dated 18.1.2022, hence submission of learned counsel for applicants on merit that there is no substantial material against applicants, cannot be considered. Voluminous documents are filed before Court below showing prima facie involvement of applicants in commission of offence. Fake invoices are generated to beneficiaries, most of them are located in Maharashtra and the DDGI, Mumbai Zonal Unit has already initiated investigation against those firms. Applicant No.1 in his statement recorded under Section 70 of the GST Act, 2017 admitted to have availed input tax credits by issuing invoices. He submits that documents of the case, which is pending before Court below, are with him, which are in 3-4 bundles. He places his reliance on the....

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....sed are charged with economic offences of huge magnitude. We are also conscious of the fact that the offences alleged, if proved, may jeopardise the economy of the country. At the same time, we cannot lose sight of the fact that the investigating agency has already completed investigation and the charge sheet is already filed before the Special Judge, CBI, New Delhi. Therefore, their presence in the custody may not be necessary for further investigation. We are of the view that the appellants are entitled to the grant of bail pending trial on stringent conditions in order to ally the apprehension expressed by CBI." 8. In case of Paresh Nathalal Chauhan (supra) Hon'ble Supreme Court was dealing with appeal seeking relief of bail in an o....