Bail granted for alleged availment/passing of fake ITC to avoid prolonged detentionbeyond the statutory period

Last updated: 27 January 2023

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The Rajasthan High Court has granted bail to an individual arrested for allegedly creating fake firms to claim Input Tax Credit (ITC) amounting to INR 19.65 crores. The court considered that the trial was likely to be prolonged and the period of detention could exceed the maximum statutory punishment. Bail was granted on the condition of depositing INR 3 crores.

Court :
Rajasthan High Court

Brief :
The Hon'ble Rajasthan High Court in the case of Gaurav Kakkar v. Directorate General of GST Intelligence, Jaipur Zonal Unit [S.B. Criminal Miscellaneous Bail Application No. 17536/2022 dated January 11, 2023] has granted bail to the assessee in the matter of alleged creation of fake firms for availment and passing of fake/ ineligible Input Tax Credit ("ITC") of INR 19.65 crores. Held that, the trial is expected to be prolonged and if the bail is not granted, the period in judicial custody for the assessee may surpass the maximum punishment of five years.

Citation :
S.B. Criminal Miscellaneous Bail Application No. 17536/2022 dated January 11, 2023

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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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