Wrongful availment of ITC: Rajasthan High Court refuses to grant Bail to Chartered Accountant involved in GST Scam [Read Order]

Wrongful availment of ITC - Rajasthan High Court - Bail to Chartered Accountant - GST Scam - Taxscan

The Rajasthan High Court refused to grant bail to the CA for allegedly availing wrongful ITC by creating as many as 38 fake firms.

Mr. Mr. JatinHarjai Counsel for the petitioner, submits that the petitioner, Abhishek Singhal has been falsely implicated in this matter and the petitioner is a chartered accountant by profession and he is not liable for the offences committed by co-accused persons. Counsel further submits that the maximum sentence for the offences alleged against the petitioner is five years and the petitioner is in custody since February 19, 2021 and conclusion of trial may take a long time.

Mr. Siddharth Ranka learned counsel appearing on behalf of the respondent-Department has opposed the bail application on the ground that the petitioner is the main accused who is absconding and he has got registered 38 fake firms. Counsel further submits that allegation against the petitioner is of availment bypassing of ITC wrongfully to the tune of Rs.6,36,32,492/- by creating 38 fake firms. Counsel further submits that the petitioner has absconded for about one year.

The Single Judge Bench of Justice Indrajeet Singh dismissed the bail application on the grounds that the petitioner failed to appear before the Department while notices were issued to him, and even after filing a complaint before the Trial court, he remained absconded for about one year and thirdly, the petitioner is a chartered accountant, who is the mastermind of the crime and he has created 38 fake firms and availed ITC wrongfully to the tune of Rs.6,36,32,492/-.

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