Anticipatory bail is a statutory right and custodial interrogation is neither warranted nor provided under the CGST Act


Last updated: 09 December 2021

Court :
Delhi High Court

Brief :
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").

Citation :
Bail Appeal No. 3771 of 2021 & CRL.M.A. No. 16552 of 2021 dated November 26, 2021

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Bimal Jain
Published in GST
Views : 297

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