Saurabh Sharad Srivastava vs. Central Goods And Services Tax

CRM-M/16772/2022HC Punjab and HaryanaGSTCNR PHHC01041373202229 November 2022Bench: MR. JUSTICE GURVINDER SINGH GILL3 pages
AI SummaryAllowed

Held

The Court granted regular bail to the petitioner, considering his custody period of approximately 9 months and the likely delay in the conclusion of the trial. The Court did not comment on the merits of the case.

Facts

The petitioner is accused of availing input tax credit of ₹5.65 crores from non-existent suppliers without receiving goods. The investigation revealed that the petitioner allegedly created bogus supplier firms and used his own contact details for their registration.

Key Issues

The primary issue was whether the petitioner, accused of GST fraud, should be granted regular bail considering the length of custody and the progress of the trial.

Sections Cited

Section 132

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-16772-2022 (O&M) Date of Decision:- 29.11.2022 Saurabh Sharad Srivastava ...Petitioner Versus Central Goods & Services Tax

...Respondent CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present: Mr. H.S. Brar, Senior Advocate with Mr. Jivitish Singh Dosanjh, Advocate for the petitioner. Mr. Anshuman Chopra, Senior Standing Counsel, for the respondent. ***** GURVINDER SINGH GILL, J

.

1.

The petitioner seeks grant of regular bail in a complaint bearing No. COMA/49/2022 dated 12.4.2022 under Section 132 of the Central Goods and Services Tax Act, 2017. 2. As per the case of the complainant-department i.e. Directorate General of GST Intelligence (in short hereinafter referred to as the DGGI), the accused- firm has availed input tax credit to the tune of `5.65 crores from various non-existent suppliers, without receipt of goods. The firm of the accused i.e. M/s Saibro Industries had availed this input tax credit during the period from July, 2017 to November, 2020 and investigation revealed that most of the suppliers were not working from the registered premises.

The judgment continues below.

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Reproduced from the public record of the Punjab and Haryana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.