Dive headfirst into the high-stakes world of GST evasion with our this article. Here you'll explore 15 gripping cases where clients have manipulated the system, evading GST in crores through a myriad of tactics - from issuing fake bills to operating networks of fictitious firms. Discover how they've leveraged legal rules like "bail is rule - jail is an exception", "presumption of innocence" and factors like health issues, family situations, sole bread winners, caregiving responsibilities, not ultimate beneficiary, moderate severity of offence - to tip the scales in their favor.
The court granted regular bail to the petitioner accused of issuing fake bills and causing ₹32crore GST fraud, considering the investigation's completion, the prescribed punishment, and the petitioner's incarceration period, while imposing stringent conditions to ensure cooperation. (Please right click here to read in full)
The court granted regular bail to Rajan Arora, accused of GST evasion through a network of firms, emphasizing the need to balance the right to liberty with societal interests and the investigation's requirements. (Please right click here to read in full)
The court granted bail to Peeyush Kumar Jain, accused of GST evasion through illicit supply of perfumery compounds without issuing tax invoices and without payment of GST, considering the compoundable nature of the offense, his health issues, and the documentary nature of the evidence. (Please right click here to read in full)
The court highlighted the principle that bail is the rule, and jail is the exception, emphasizing the presumption of innocence and the need to consider individual circumstances, including the accused's age, medical condition and family situation.(Please right click here to read in full)
The court denied bail deeming that Amit Kumar Jain's pre-trial detention was necessary to prevent him from influencing witnesses and tampering with evidence. The court also underscored the seriousness of the economic offenses, stating that Jain was the ultimate beneficiary of the fraudulent input tax credit. (Please right click here to read in full)
The court granted bail to the accused in the Rs9.6 Crore alleged ITC fraud case, as he had already spent 1.5 years in jail and the trial was still in its early stages. The court reiterated the principle that 'Bail is the rule, and Jail is the exception'. (Please right click here to read in full)
The court granted bail to the two petitioners, considering that they had been in custody for over a year and were the sole breadwinners for their family. The court emphasized the importance of personal liberty and the presumption of innocence until proven guilty. (Please right click here to read in full)
The court granted regular bail to the accused in a ₹77 Crore GST fraud case, due to his health issues and caregiving responsibilities to his mother. Further, the GST department couldn't produce any evidence of him being the ultimate beneficiary of the alleged evasion. (Please right click here to read in full)
The accused of issuing fake invoices without actual supply of goods and availing wrongful input tax credit (ITC) worth over Rs 33 crore got regular bail as the offences were triable by a Magistrate's Court, he had no past criminal history, the potential for a prolonged trial and no possibilty of tampering with evidence. (Please right click here to read in full)
A Chartered Accountant arrested for allegedly facilitating fraudulent GST refund claims by uploading refund requests and issuing CA certificates got bail as the investigation was complete, the chargesheet had been filed, and he wasn't involved in any other case. (Please right click here to read in full)
The court quashed the condition of paying an outstanding tax liability while granting bail, finding it onerous and violative of the petitioner's personal liberty, and modified the bail amount to uphold the principles of personal liberty.(Please right click here to read in full)
The court granted anticipatory bail to the petitioner who is a director of a company accused of fraudulently availing Rs 72 crore input tax credit by obtaining invoices without actual supply of goods/services. (Please right click here to read in full)
Applicant allegedly availing illegal input tax credit of Rs. 31.02 crores by showing fake purchases from fictitious entities was granted bail. Court considered the moderate severity of the offense, its compoundable nature, doubts over allegations, attached properties value, and the applicant's health condition. (Please right click here to read in full)
The accused of availing wrongful input tax credit (ITC) resulting from GST registration cancellation of suppliers got bail as the allegation that supplier firms were fake is yet to be proved. (Please right click here to read in full)