The Jharkhand High Court granted bail to the accused citing inadmissible GST ITC claims by creating fake companies.
The court noted that the petitioner has been in judicial custody since 09.04.2024, investigation has been completed and charge sheet has been submitted. Trial has yet to commence which shall consume considerable time.
The bench observed that the relevant evidence of the case pertains to electronic evidence, which cannot be tampered by petitioner and other witnesses are official witnesses.
Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record and period of custody of the petitioner, the bench was inclined to release the petitioner, on bail.
Facts
The petitioner has been made accused in connection with Complaint Case registered under Sections 132 (1)(b) and 132 (1)(c) and 132 (5) of the Central Goods and Service Tax Act, 2017, pending before the Additional Chief Judicial Magistrate, Special Court, Economic Offences, Jamshedpur.
As per F.I.R., allegation against the petitioner is that the petitioner, being an individual, is involved in creating fake companies / firms and appointing Directors / Partners / Proprietors, which is further involved in fraudulently availing fake Input Tax Credit and further passing on the inadmissible Input Tax Credit and further passing on to the various fake firms leading to loss of more than Rs. 522.91 Crores to the Government Exchequer without actual supply of goods.
Case Information
Case Name: Amit Gupta V/S Union of India
Judicial Level & Location : High Court Of Jharkhand
Case Number : B.A. No. 5472 of 2024
Date of Ruling : 18/07/2024
Ruling in favor of: Petitioner
Judges: Justice Pradeep Kumar Srivastava
Counsel for Petitioner: Adv Mr. Nitin Kumar Pasari
Counsel for Respondent: Mr. Parth S.A. Swaroop Pati, Sr. S.C., CGST Mr. Anurag Vijay, Jr. S.C., CGST
Juris Hour is a team of young professionals turned legal journalists who are guided by the values enshrined in the Preamble of the Constitution of India and want to create more legal awareness in society by acting as a tool to aid legal reforms by offering a space for constructive criticism of the judiciary.
