Vishan Gupta vs. Union Of INDIA And Another
Held
The Court held that the applicant is the mastermind behind a significant financial fraud involving GST evasion. Considering the gravity of the accusation and the substantial amount involved, it is not a fit case for granting bail.
Facts
The applicant was arrested for allegedly creating and managing 78 fake firms involved in passing fake Input Tax Credit (ITC) to the tune of approximately 159 crore. The prosecution claims the applicant admitted to creating these firms and issuing fake invoices without supply of goods to facilitate illegal ITC claims.
Key Issues
Whether the applicant, allegedly involved in creating fake firms and facilitating GST evasion of a large sum, is entitled to bail. The court also considered the admissibility of confessional statements and the necessity of prior adjudication orders before prosecution under Section 132.
Sections Cited
Section 132, Section 69, Section 70
AI-generated summary — verify with the full judgment below
Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22999 of 2021 Applicant :- Vishan Gupta Opposite Party :- Union Of India And Another Counsel for Applicant :- Kandarp Srivastava,Kaustubh Srivastava Counsel for Opposite Party :- A.G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard Mr. Rahul Kashik, learned Advocate holding brief of Mr. Kaustubh Srivastava, learned counsel for the applicant and Mr. Kuldeep Singh Chauhan, learned counsel for the opposite party and perused the material available on record.
By way of this application, the applicant has prayed for to enlarge him on bail in Misc. Case no. 101 of 2019, P.S.
Sahibabad, District- Meerut, under Sections 132(1)(B) and 132(1)(i) Central Goods and Services Act, 2017 (hereinafter referred to as "the CGST Act" ).
Complainant in the present case on investigation found huge evasion of GST against the applicant and during the course of investigation, it was found that the applicant is responsible for the creation and management of 47 fake firms which were involved in passing of fake ITC to various firms to the tune of around 159 crore, hence, the Principal Commissioner, CGST and Central Excise Commissionerate, Ghaziabad authorize
The judgment continues below.
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Reproduced from the public record of the Allahabad High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.