GST: High Court Rejects Bail for Raipur Businessman in Alleged ITC Fraud

The Chhattisgarh High Court has rejected the anticipatory bail application of businessman Harish Wadhwani in a GST case involving allegations of fraudulent input tax credit (ITC), after noting the amount of GST liability involved in the matter.

Harish Wadhwani filed the bail application under Section 482 of the BNSS Act, 2023. He argued that he was being repeatedly summoned, interrogated, and threatened with arrest over alleged GST fraud amounting to around Rs. 1.16 crore. Wadhwani also argued that due to the prolonged searches, his health was affected. Wadhwani alleged that the investigation has assumed a coercive character and includes the arrest of unrelated business associates.

After reviewing the facts, the court noted that DGGI proceedings against Wadhwani involved GST liability of less than Rs. 5 crore, which makes it a bailable and non-cognizable offence under Section 132 of the GST Act. The court said that the applicant’s anticipatory bail application based on apprehension of arrest for a non-cognizable offence lacked merit, and therefore, it rejected the applicant’s application.