HC grants bail to applicant who has no criminal history on furnishing a personal bond

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  • Last Updated on 20 July, 2022

Bail; Input Tax Credit

Case Details: Mayank Gautam @ Rishi v. Union of India - [2022] 140 taxmann.com 358 (Allahabad) 

Judiciary and Counsel Details

    • Ajay Bhanot, J.

Facts of the Case

The petitioner was arrested for allegedly registering fake/non-existent firms in the name of others for availing ineligible input tax credit (ITC). He filed bail application and contended that the names and the statements of seven persons in whose names allegedly fake firms were created have not been brought in the record. It was also submitted by the petitioner that he was not a beneficiary of any illicit transaction.

High Court Held

The Honorable High Court observed that the determination of the tax liability of the petitioner has not been finalized yet. Moreover, the names and the statements of seven persons in whose names allegedly fake firms were created have not been brought in the record. Since, the department could not satisfactorily dispute the contention of petitioner and absence of criminal history, the bail application was to be allowed.

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