Home Case Laws Bail Granted in Alleged Rs. 11 Crore Fake ITC Fraud Under CGST...

Bail Granted in Alleged Rs. 11 Crore Fake ITC Fraud Under CGST Act

0
364

Case Name: Rohit Singla v. SIO, Directorate General of GST Intelligence
Court Name: High Court of Chhattisgarh at Bilaspur
Petition No.: MCRC No. 8694 of 2024
Date of Judgment: 23 January 2025
Relevant Sections: Sections 132(1)(b), 132(1)(c), 132(1)(f), and 16 of CGST Act, 2017; Sections 84, 209, 269, 351 of BNSS, 2023
Category of Dispute: Input Tax Credit – Fake Firms / Bail Proceedings


Facts of the Case [Para 1–2]

The applicant, Rohit Singla, was arrested on 22.11.2024 following allegations of passing on ₹11.12 crore of ineligible Input Tax Credit (ITC) using fake invoices through non-existent firms. Based on confidential intel, DGGI Raipur found he allegedly issued invoices without actual movement of goods to various beneficiary firms, in violation of Sections 132(1)(b), (c), and (f) of the CGST Act, 2017.


Questions in Consideration [Para 1, 3–4]

  • Whether the applicant is entitled to bail under Section 483 of BNSS, 2023.

  • Whether prima facie ingredients of Section 132 of CGST Act are met to deny bail.

  • Whether the applicant poses risk of tampering evidence or evading the investigation.


Observations of Court [Para 5–6]

  • The Court considered that the applicant had been in custody since 22.11.2024 and the trial may take considerable time.

  • It acknowledged that the complaint had already been filed and investigation was underway.

  • The Court found merit in the applicant’s undertaking of cooperation and observed no flight risk or prior criminal antecedents.


Judgement of the Court [Para 6–8]

The High Court granted regular bail to Rohit Singla on furnishing a personal bond with two local sureties. The bail was subject to stringent conditions such as:

  • No adjournments when evidence is listed.

  • Mandatory personal or represented presence on scheduled dates.

  • Compliance with Sections 84 and 209 of BNSS in case of default.

  • Presence at key procedural stages (opening, charge, Sec. 351 statement).


Between Fine Lines

  • Allegations were of over ₹11 crore fraudulent ITC passed via shell firms.

  • Despite the serious charges, bail was granted due to pre-trial detention since November 2024.

  • The Court emphasized that bail is not punishment, particularly when trial delay is foreseeable.

  • Cooperation assurances, lack of criminal record, and absence of evasion risk supported bail.

  • However, the applicant must adhere strictly to court mandates during the trial.


Summary of Referred Cases

Name of Case Citation Summary Verdict
No specific case citations were referred in this judgment

 

Disclaimer – “The above summary is for academic purpose only; not formal legal opinion. Seek professional opinion before application. Author or publisher or website shall not be responsible for any usage in any form.”

Leave a Reply

Discover more from GST Indiaguide

Subscribe now to keep reading and get access to the full archive.

Continue reading