GST Scam: Punjab & Haryana HC grants Bail to Accused after 10 Months in Custody [Read Order]

GST Scam - Punjab & Haryana HC - Bail - taxscan

In a case of GST input Tax Credit of 14 firms has been blocked on account of suspicious transactions, the Punjab and Haryana High Court has granted bail to two accused persons after spending almost 10 months in the custody.

The allegations against the accused were that that firm M/s Ganesh Trading Co. has shown sales in huge amount to different dealers of the State and passed undue input tax credit by making invoices without movement of goods and caused loss of revenue. Enquiries revealed that no firm by the said name existed at the address given. Summons were issued to Yogesh Sharma, Proprietor of the said firm who alleged that Janender Kumar Sisodia had taken his PAN Card, Aadhaar Card, bank passbook and his passport size photographs for providing bank loan and had given a cheque for an amount of Rs.2 lakhs which was dishonoured. Further, it was found that a sum of Rs.1,14,51,151/- on account of GST input Tax Credit of 14 firms has been blocked on account of suspicious transactions. However, recovery of balance amount of Rs.2,10,99,632/- is still awaited.

Before the High Court, the petitioners submitted that all the four FIRs were registered on the same set of allegations and even the petitioners have been released on regular bail by the co-ordinate Bench in two FIRs as noticed above.

Granting the bail, Justice Arvind Singh Sangwan observed that “Learned State counsel has filed the custody certificates and has not disputed the factual position. As per custody certificates, petitioner Gourav Bansal is in judicial custody for the last 10 months and 21 days; whereas petitioner Surender @ Bhura is in judicial custody for the last 09 months and 14 days and he is already on bail in other FIRs.”

“Without commenting upon the merits of the case, considering the aforesaid facts and circumstances, the instant petitions are allowed. Petitioners Gourav Bansal and Surender @ Bhura are ordered to be released on regular bail on their furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate concerned,” the Court said.

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