Gujarat High Court Grants Bail in matter of wrongful ITC Availment

The Court sought following aspects for granting the bail:

(a) The applicant is arrested on 21st January 2020 and almost 52 days are over and complaint is yet not filed against him by the Officer concerned.

(b) The applicant is facing charge under Section 132(1)(c) of the Central Goods and Services Tax Act, 2017, which is punishable maximum for a period of 5 years. As in the present case, wrongful availment of the Input Tax Credit is beyond Rs.5 crores.

(c) Though the applicant was arrested by the Officer of the concerned Department, no remand was ever sought by them.

Considering these facts, bail was allowed.