Anticipatory Bail denied for bailable offences as value of false ITC claimed being less than 5 crores

Last updated: 07 September 2021

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The Gujarat High Court denied anticipatory bail to an applicant accused of availing false Input Tax Credit (ITC) amounting to less than 5 crores. The court ruled that since the alleged offence was bailable, there was no apprehension of arrest, making the application for anticipatory bail unsustainable. However, the court directed the authorities to provide 10 days' notice before any arrest if the falsely claimed ITC value later exceeds 5 crores, potentially making the offence non-bailable.

Court :
Sessions Court, Rajkot

Brief :
In Amit Haresh Kumar Mehta v. Senior Intelligence Officer, DGGI [Cr. M. A. No. 1486/2021 dated August 11, 2021], Amit Haresh Kumar Mehta ("the Applicant") has filed the current application seeking an Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973 ("the Cr.P.C").

Citation :
Cr. M. A. No. 1486/2021 dated August 11, 2021

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1 Year PLAN - Rs.~~1999~~

1799

(Excl. of GST ₹323)

2 Years PLAN - Rs.~~3499~~

3149

(Excl. of GST ₹566)

BEST VALUE

3 Years PLAN - Rs.~~4999~~

4499

(Excl. of GST ₹809)

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Judgement posted by

Bimal Jain

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FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

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