Sumit Jain vs. Director General Of Goods And Services Tax Intelligence

CRM-M/39395/2022HC Punjab and HaryanaGSTCNR PHHC01095320202213 December 2022Bench: MR. JUSTICE SURESHWAR THAKUR3 pages
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Held

The Court directed that the properties offered by the petitioner's friends and relatives be furnished as solvent securities/sureties before the trial court to its satisfaction. The petitioner was granted bail subject to furnishing personal and surety bonds.

Facts

The petitioner sought regular bail in a case involving alleged availment of Input Tax Credit (ITC) on fake invoices. The controversy revolved around whether properties offered as security by friends and relatives were sufficient to cover the ITC amount.

Key Issues

The primary issue was the sufficiency of the offered securities for granting bail in an ITC fraud case. The court also considered the petitioner's lack of other personal property.

Sections Cited

Section 132(1)(b)(c)

AI-generated summary — verify with the full judgment below

-1- In the High Court of Punjab and Haryana at Chandigarh Date of Decision: 13.12.2022 Sumit Jain ......Petitioner Versus Director General of Goods and Services Tax Intelligence ......Respondent CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR

Present: Mr. Sandeep Goyal, Advocate with Ms. Vidisha Swarup, Advocate for the petitioner. Mr. Rajesh Sethi, Senior Standing counsel with Mr. Arun Biriwal, Advocate, Ms. Himani Bansal, Advocate and Ms. Love Deep, Intelligence officer for the respondent. **** SURESHWAR THAKUR

, J.

(ORAL)

1.

The instant petition has been filed before this Court under Section 439 Cr.P.C., seeking the indulgence of regular bail, being granted to the petitioner, in respect of complaint No. 2958 of 2021 dated 6.12.2021, under Section 132(1)(b)(c) of Central Goods and Service Tax Act, 2017. The above complaint has been registered at Directorate General of Goods and Services Tax Intelligence, C.R. Building, Plot No. 19, Sector 17-C, Chandigarh.

2.

Without delving deep into the merits of the case, the ire controversy, which has arisen amongst the contesting litigants, relates only to the exorbita

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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.