HC dismissed bail application of accused for utilizing bogus ITC through fake documents

  • Blog|News|GST & Customs|
  • < 1 minute
  • By Taxmann
  • |
  • Last Updated on 10 March, 2023


Case Details: Amit Kaushik v. Sate of Haryana - [2023] 148 taxmann.com 139 (Punjab & Haryana)

Judiciary and Counsel Details

    • Ashok Kumar Verma, J.
    • Rajiv MalhotraTarun Kumar, Advs. for the Petitioner.
    • Gaurav Bansal for the Respondent.

Facts of the Case

The petitioner was accused of utilized bogus Input tax Credit (ITC) through fake documents by floating firms on papers. An FIR was registered for utilizing bogus ITC through fake documents and he was arrested. He filed petition for regular bail and contended that he had been falsely implicated and his name was not mentioned in FIR and he was arrested after two years from date of FIR.

High Court Held

The Honorable High Court observed that the petitioner’s firm was not found running at registered address and he had registered two other fake firms and prepared forged rent agreement of firms. The Petitioner had utilized bogus ITC through fake documents by floating firms on papers only.

The Court also noted that in the instant case, the “pointing finger of accusation” against the petitioner is “the seriousness of the charge”. The offences alleged were economic offences which have resulted in loss to the Government exchequer. Therefore, the Court held that the petition seeking bail was liable to be dismissed.

Disclaimer: The content/information published on the website is only for general information of the user and shall not be construed as legal advice. While the Taxmann has exercised reasonable efforts to ensure the veracity of information/content published, Taxmann shall be under no liability in any manner whatsoever for incorrect information, if any.

Leave a Reply

Your email address will not be published. Required fields are marked *

Everything on Tax and Corporate Laws of India

To subscribe to our weekly newsletter please log in/register on Taxmann.com

Author: Taxmann

Taxmann Publications has a dedicated in-house Research & Editorial Team. This team consists of a team of Chartered Accountants, Company Secretaries, and Lawyers. This team works under the guidance and supervision of editor-in-chief Mr Rakesh Bhargava.

The Research and Editorial Team is responsible for developing reliable and accurate content for the readers. The team follows the six-sigma approach to achieve the benchmark of zero error in its publications and research platforms. The team ensures that the following publication guidelines are thoroughly followed while developing the content:

  • The statutory material is obtained only from the authorized and reliable sources
  • All the latest developments in the judicial and legislative fields are covered
  • Prepare the analytical write-ups on current, controversial, and important issues to help the readers to understand the concept and its implications
  • Every content published by Taxmann is complete, accurate and lucid
  • All evidence-based statements are supported with proper reference to Section, Circular No., Notification No. or citations
  • The golden rules of grammar, style and consistency are thoroughly followed
  • Font and size that's easy to read and remain consistent across all imprint and digital publications are applied