Sumit Kumar Agarwal vs. State Of Odisha
Held
The High Court found the allegations to be serious and an economic offense, requiring further investigation. It concluded that custodial interrogation might be necessary to unearth more evidence.
Facts
The petitioner, a Chartered Accountant, is accused of conspiring with associates to evade GST by floating ghost firms that issued fake invoices for claiming input tax credit. This allegedly caused significant revenue loss to the government.
Key Issues
Whether the petitioner is entitled to pre-arrest bail given the serious allegations of GST evasion and the need for custodial interrogation.
Sections Cited
Sections 132(1)(b)(c) & (1)
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORDER 23.11.2021
1. This matter is taken up through Hybrid mode.
The Petitioner apprehending his arrest in Case No.01/2021- 22/OGST/CT&GST Enforcement Unit, Sambalpur, corresponding to 2(c) C.C. No.275 of 2021, pending in the Court of the S.D.J.M., Jharsuguda, registered for alleged commission of offences punishable under Sections 132(1)(b)(c) & (1) of the Odisha Goods and Service Tax Act, has filed this petition for his release on pre- arrest bail.
Heard the learned counsel for the Petitioner and the learned counsel appearing for the opposite party-GST.
The petitioner is alleged to have conspired with his associates for evasion of GST by floating ghost firms which used to issue fake invoices, pursuant to which input tax credit is claimed. In recent past, it has come to limelight that such dummy firms from the localit
The judgment continues below.
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