Bail Granted to accused arrested for availing ineligible ITC of Rs. 9 Crore

Last updated: 24 March 2021

Court :
Bombay High Court

Brief :
The Hon'ble Bombay High Court in Sunil Kumar Jha and Akshay Chhabra v. Union of India &Ors. [Writ Petition (ST) No. 5484 of 2021 & Writ Petition (ST) No. 5486 of 2021, decided on March 11, 2021] granted bail to the accused arrested under Section 69 of the Central Goods and Services Tax Act, 2017 ('CGST Act') for committing offence of availing ineligible Input Tax Credit ('ITC') of INR 9,04,89,054 and issued notice to the revenue department. Held that the arrest made without any formal accusation and continued detention for alleged fake ITC availment, would not be justified when accused is cooperating in investigation.

Citation :
Writ Petition (ST) No. 5484 of 2021 & Writ Petition (ST) No. 5486 of 2021, decided on March 11, 2021