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

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  • Last Updated on 10 March, 2023

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GST ITC

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

Judiciary and Counsel Details

    • Ashok Kumar Verma, J.
    • Rajiv Malhotra & Tarun 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.

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