2025 (8) TMI 70

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.... Sections 132(1) of CGST Act, 2017. 2. The allegation against the present petitioner is that his firm M/s VLR Corporation has issued goods-less invoices involving input tax credit of Rs. 7,19,68,871/- without any underlying supply of goods during the period of April, 2018 to March 2025 to 48 beneficiary firms. 3. Heard learned counsel for the petitioner, learned Standing counsel for the Department and perused the material available on record. 4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. The charged offence against the petitioner is bailable and compundable upto amount of Rupees five crore under Section 138 of the relevant Act and having maximum punishment of five years ....

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....sc. Bail Appl. No. 20392/2021 decided on 8.3.2022; (9) Jitendra Kumar Gupta @ Jitendra Gupta Vs. Union of India, S.B. Cr. Misc. Bail Appl. No. 9590/2023 decided on 3.8.2023; (10) Pradeep Kumar Bansal Vs. Union of India S.B. Cr. Misc. Bail Appl. No. 12093/2020 decided on 4.11.2020; (11) Ankur Agrawal Vs. Union of India & Anr. S.B. Cr. Misc. Bail Appl. No. 6128/2025 decided on 16.6.2025; (12) Parvej Vs. Union of India, S.B. Cr. Misc. Bail Appl. No. 16267/2024 decided on 24.2.2025; (13) C. Pradeep Vs. Commissioner of GST & Central Excise Anr Anr., (2021) 19 SCC 547 6. Per contra Standing Counsel for DGGI has vehemently opposed the bail application and submitted that the petitioner is found involv....

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....ourt and any observations on merits herein would prejudice the case of the parties, therein. However, for the limited purpose of answering the prayer for the grant of bail, the contentions are taken note of. It is no doubt true, that an allegation is made with regard to the transportation of unmanufactured tobacco and it is alleged that such procurement of unmanufactured tobacco is for clandestine manufacture and supply of zarda without payment of leviable duties and taxes. Though it is further contended that in the process of the investigation, the transportation of a larger quantity of unmanufactured tobacco weighing about 35,57,450 kgs. is detected, these are all matters to be established based on the evidence, in the trial. 6. ....

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....iligently participate in the trial. It is further directed that the petitioner be produced before the trial Court forthwith, to ensure compliance of this order." 8. In the light of the law laid down by the Supreme Court of India in the case of Ratnambar Kaushik (supra) and on consideration of the rival submissions and material available on record and deliberating all the facts and circumstances of the case especially the fact that the case is exclusively triable by judicial Magistrate, offence being compundable upto the quantum of amount of Rupees five crorer out of which Rs. 1,37,27,000/- has been deposited to the concerned authority and in absence of any criminal antecedents and the fact that petitioner is in judicial custody since 2.5....