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The Hon’ble Delhi High Court in Tarun Jain v. Directorate General of GST Intelligence DGGI [Bail Appeal No. 3771 of 2021 & CRL.M.A. No. 16552 of 2021 dated November 26, 2021] granted bail to the director of the Company for alleged involvement in fraudulently availing and passing on ineligible/fake Input Tax Credit (“ITC”) amounting to INR 72 crores. Held that, anticipatory bail is a statutory right, and detention in judicial custody would affect the assessee’s business. Further, allowed the bail application, since the custodial interrogation is neither warranted nor provided under the Central Goods and Services Tax Act., 2017 (“the CGST Act”).
Facts:
Tarun Jain (“the Petitioner”) is one of the director in M/S Jetibai Grandsons Services India Pvt. Ltd (“the Company”), engaged in the supply of solar inverters, solar power generating units, and like products.
The Directorate General of GST Intelligence (“the Respondent”) alleged that the Company was involved in fraudulently availing ineligible/fake input tax credit as passed on by firms that were found to be non-existent, for which several summon was issued, but the Petitioner failed to appear before the Respondent citing medical problems.
The Petitioner filed an application for anticipatory bail, but it was rejected. Being aggrieved, this application has been filed by the Petitioner submitting that the allegations levelled are false and frivolous.
Issue:
Whether bail can be granted to the Petitioner charged with economic offence?
Held:
The Hon’ble Delhi High Court in Bail Appeal No. 3771 of 2021 & CRL.M.A. No. 16552 of 2021 dated November 26, 2021 held as under:
(Author can be reached at info@a2ztaxcorp.com)
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