Vikash Kumar Keshan vs. Union Of INDIA
Held
The Court granted regular bail to the petitioner, noting that the offence is punishable with a maximum of five years and is compoundable. The petitioner had already paid Rs. 2.00 Crores and was cooperating with the investigation, aligning with Supreme Court judgments on bail.
Facts
The petitioner, a partner in a company manufacturing copper products, is accused of irregularly availing Input Tax Credit (ITC) from non-existent entities without actual receipt of goods, allegedly evading GST of approximately Rs. 24.30 Crores. The petitioner sought regular bail.
Key Issues
Whether the petitioner is entitled to regular bail given the alleged GST evasion, the nature of the offence, and the petitioner's cooperation with the investigation. The court also considered the permissibility of parallel investigations by central and state GST authorities.
Sections Cited
Section 132, Section 69(1), Section 6(2)(b)
AI-generated summary — verify with the full judgment below
THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.8330 OF 2023
ORDER:
This Criminal Petition is filed under Section 439 of Code of Criminal Procedure, 1973 (for short “Cr.P.C”) seeking regular bail to the petitioner/Accused in File No.INV/GST/1533/2023-AE- MDCL. The petitioner was arrested on 10.08.2023. 2. Briefly, the facts of the case are that the petitioner has availed Input Tax Credit irregularly from non-existent entities without any actual receipt of goods. The respondent department alleged that there are seven suppliers of goods of petitioner’s firms which are non-existent and as per E way bill analysis vehicles did not make such travel as claimed. Petitioner/ accused is partner of M/s.Keshan Industries LLP. The firm is registered vide GSTIN 36ABFFA8447D1ZH at 26F, Telangana Industrial Park, Nagpur High Way Road, Muppireddypally, Toopran, Medak, Telangana and engaged in the manufacture of copper products. The company KILLP are involved in converting copper crap into other products of copper. Intelligence was received suggesting that KILLP has availed In-put Tax Credit irregularly and preliminary estimation of Rs.24.30 Crores, out of w
The judgment continues below.
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Reproduced from the public record of the Telangana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.