SC has dismissed a High Court bail term requiring a person accused of illegally claiming Input Tax Credit to deposit Rs.70 lakhs, estimated amount of wrongfully claimed ITC.
Reetu | Feb 23, 2023 |
Supreme Court Sets Aside Bail Condition to Deposit Rs.70 Lakhs in Case for Wrongfully Claiming ITC
The Supreme Court has dismissed a High Court bail term requiring a person accused of illegally claiming Input Tax Credit to deposit Rs. 70 lakhs, the estimated amount of wrongfully claimed ITC.
The petitioner claimed that there was no final assessment of the illegal use of ITC under the GST Act. As a result, it cannot be assumed that the appellant is legally obligated to pay the amount.
According to Assistant Solicitor General of India KM Nataraj, such a restriction cannot be imposed while granting bail. Given these considerations, the bench of Justices Krishna Murari and BV Nagarathna dismissed the bail requirement.
The appellant has challenged the High Court of Chhattisgarh’s ruling granting bail to the appellant subject to conditions dated June 21, 2022. One of the terms was that the appellant deposit a sum of Rs. 70 lakhs under protest in the name of the Principal Commissioner of CGST, Raipur, within 45 days of his release.
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