Fake input tax credit claims without actual supply u/s132 CGST-anticipatory bail granted, no statutory bar; conditions imposed.

Fake input tax credit claims without actual supply u/s132 CGST-anticipatory bail granted, no statutory bar; conditions imposed.Case-LawsGSTAnticipatory bail was sought for alleged fraudulent availment and passing of fake input tax credit without actual su

Fake input tax credit claims without actual supply u/s132 CGST-anticipatory bail granted, no statutory bar; conditions imposed.
Case-Laws
GST
Anticipatory bail was sought for alleged fraudulent availment and passing of fake input tax credit without actual supply, attracting offences under s.132(1)(b) and (c) CGST Act for amounts exceeding the statutory threshold. The court held there is no statutory bar on pre-arrest bail under the CGST Act, and although the allegation concerns an economic offence, the maximum prescribed punishment is five years and the offences are compoundable under s.138, indicating custody is not sine qua non. As custodial interrogation was neither warranted nor contemplated, and cooperation could secure necessary information, anticipatory bail was granted subject to conditions. – HC
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