TaxTMI 
TaxTMI 
2025 (7) TMI 991
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....s Tax Intelligence (For short "DGGI") on the allegations that he had been operating two firms under the name of Pammik Enterprises and Pammik Importers which were registered in his own name and two firms namely, Balak Enterprises and Nath Enterprises created in the names of fictitious proprietors. These firms were involved in bogus supplies of goods consisting of taxable value of Rs. 271.06 crores. He had received and issued invoices without the actual receipt or supply of goods, resulting into the wrongful availment and utilization of the Input Tax Credit (For short "ITC") to the tune of Rs.35.27 crores in case of M/s Pammik Enterprises and M/s Pammik Importers. That apart, he had also availed and passed on fraudulent ITC amounting to Rs. 13.52 crores in the firms created by him in the names of fake and fictitious proprietors. The firms so created by him had availed ineligible ITC based on invoices raised by various non-existent/bogus firms without the actual receipt of goods. After conducting investigation, complaint was filed. The petitioner was arrested on 21.12.2024. He moved application for grant of regular bail which was dismissed by the Court of learned Additional Sessions ....
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....irectorate General of GST Intelligence, Ludhiana and another, CRM-M-59017-2024 decided on 07.02.2025; Ratnambar Kaushik vs. Union of India, 2022 INSC 1254; Ashutosh Garg vs. Union of India, 2024 (105) GST 572; Vipin Garg alias Bindu vs. State of Haryana, 2023(69) GSTL 3; Deepak Sharma vs. State of Punjab, 2024 NCPHHC 104729; Parteek Das Gupta vs. State of Haryana, 2024 NCPHHC 46670; Amit Bansal vs. State of Haryana, 2024 NCPHHC 19173; Tejpal Singh vs. Director General of G.S.T. Intelligence, 2024(83) GSTL 247 and Sunil Mahlawat vs. Central Goods and Services Tax, 2023(68) GSTL 31. 5. Reply on behalf of respondents No. 2 and 3 has been filed. It is argued by Ms. Amrita Singh, learned counsel for respondent No. 1 and Ms. Sharmila Sharma, learned Senior Standing counsel for respondents No. 2 and 3 that the petitioner evaded tax liability of huge amount of money and passed fake ITC. He has caused huge loss to the Government Exchequer by creating two fake and fictitious firms. The allegations against him are serious in nature. His active involvement in the commission of the subject crime is made out. There is strong apprehension that if he is set free, he might influence the benefici....
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....Act is relevant, as per which, the offences under Section 132 of the Act are compoundable. 9. The law regarding grant of bail has been discussed in several pronouncements of Hon'ble Supreme Court. It will be apposite to refer to some of them. Reference can firstly be made to Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22, wherein Hon'ble Supreme Court had reiterated the law of bail as follows: "2. A fundamental postulate of criminal jurisprudence is the presumption of innocence, meaning thereby that a person is believed to be innocent until found guilty. However, there are instances in our criminal law where a reverse onus has been placed on an accused with regard to some specific offences but that is another matter and does not detract from the fundamental postulate in respect of other offences. Yet another important facet of our criminal jurisprudence is that the grant of bail is the general rule and putting a person in jail or in a prison or in a correction home (whichever expression one may wish to use) is an exception. Unfortunately, some of these basic principles appear to have been lost sight of with the result that more and more persons are being i....
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....n in each case. One of such circumstances is also the term of sentence that is prescribed for the offence the accused is alleged to have committed. While considering the prayer for grant of bail in any offence, including economic offences, it is not a rule that bail should be denied in every case where the allegation is one of grave economic offences since there is not such bar created in the relevant enactment passed by the Legislature nor does the jurisprudence provide so. The broad parameters to be considered while deciding prayer of an accused for grant of bail can be enumerated as under : (i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii) nature and gravity of the charge; (iii) severity of the punishment in the event of conviction; (iv) danger of accused absconding or fleeing if released on bail; (v) character, behaviour, means, position and standing of the accused; (vi) likelihood of the offence being repeated; (vii) reasonable apprehension of the witnesses being tampered with; and (viii) danger, of course, of justice being thwarted by gra....
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....d grant of bail. The Hon'ble Supreme Court allowed the appeal filed by the accused by taking into consideration the fact that he was in custody for a period of 07 months, chargehseet had been filed and that the offence carried maximum punishment for 05 years of imprisonment. While granting bail to the accused, the Hon'ble Supreme Court had made following observations: "We are surprised to note that in a case like this, the appellant has been denied the benefit of bail at all levels, including the High Court and ultimately, he was forced to approach this Court. These are the cases where in normal course, before the Trial Courts, the accused should get bail unless there are some extra ordinary circumstances." 14. Similar observations were made by the co-ordinate Benches of this Court in Deepak Sharma's case (supra), Parteek Das Gupta's case (supra), Amit Bansal's case (supra), Tejpal Singh's case (supra) and Sunil Mahlawat's case (supra). 15. On consideration of the above discussed facts and circumstances and also considering that the alleged offences are punishable with maximum punishment up to 05 years and also keeping in view that in such circumstances, the further ....