Bail denied to accused of fake invoices due to ongoing investigations to unearth more fake suppliers

Last updated: 10 February 2023

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The Supreme Court has upheld the denial of bail to Basudev Mittal, accused of fraudulently availing over ₹5 Crore in Input Tax Credit (ITC) by purchasing from firms with cancelled GST registrations. The court cited ongoing investigations into further fake suppliers and the risk of hampering evidence if bail were granted. The Chhattisgarh High Court had previously refused bail on similar grounds.

Court :
Chhattisgarh High Court

Brief :
The Hon'ble Supreme Court of India in Basudev Mittal v. Union of India [Petition(s) for Special Leave to Appeal (Crl.) No(s). 8128 of 2022 dated December 12, 2022] has refused to interfere with the order passed by the Hon'ble Chhattisgarh High Court, wherein bail was denied to the accused in the alleged matter for availment of wrong Input Tax Credit ("ITC"), on the ground that investigations were still going on for detecting more fake suppliers and investigations might be hampered if bail was granted.

Citation :
Special Leave to Appeal (Crl.) No(s). 8128 of 2022 dated December 12, 2022

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Judgement posted by

Bimal Jain

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FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

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