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  • Act, Section 132(c),
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  • Act, Section 132(c),
Smart Summary

Factual and Procedural Background

The applicant, Ishan Gupta, was arrested in connection with Crime No. DGGI 14/2023-24 registered at the Directorate General of Intelligence G.S.T., Raipur, under Sections 132(1)(b) and 132(1)(c) of the CGGST Act, 2017. The prosecution alleges that he was involved in creating fake firms and issuing fraudulent invoices to inflate turnovers and claim wrongful Input Tax Credits (ITC) without actual exchange of goods or services, causing substantial revenue loss to the government. Despite these allegations, the prosecution has not presented substantive evidence directly linking Ishan Gupta to these activities. The investigation appears incomplete, with no concrete inquiry into third-party entities or recovery efforts from other involved parties. The charge-sheet was filed prematurely, raising concerns of false implication and political motivation. The applicant has been in custody since 22.06.2024 and has filed this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.

Legal Issues Presented

  1. Whether the applicant, Ishan Gupta, is entitled to regular bail given the nature of the allegations and the status of the investigation under Sections 132(1)(b) and 132(1)(c) of the CGGST Act, 2017?
  2. Whether the prosecution has sufficiently linked the applicant to the alleged fraudulent activities to justify his continued detention?
  3. Whether the premature filing of the charge-sheet and incomplete investigation affect the applicant's entitlement to bail?

Arguments of the Parties

Applicant's Arguments

  • The applicant is innocent and has been falsely implicated.
  • The GST Department failed to investigate or seize accounts of actual beneficiaries downstream, while seizing the applicant's bank accounts prematurely, even before issuing summons.
  • The same tax liabilities are being sought from both the applicant and other entities, which is legally untenable under Section 132(c) of the CGGST Act.
  • No end users or beneficiaries have been implicated, indicating a failure in the investigative process.
  • The applicant has been in jail since 22.06.2024 and prays for regular bail.

Respondent's Arguments

  • The Directorate General of Goods and Services Tax Intelligence alleges that the applicant was involved in creating fake firms and issuing fraudulent invoices under Section 132 of the CGST Act.
  • These fake firms inflated turnovers and claimed wrongful Input Tax Credits without actual exchange of goods or services.
  • The applicant played a key role in a tax evasion scheme causing substantial revenue loss.
  • The bail application should be rejected.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court considered the serious nature of the allegations but noted significant deficiencies in the prosecution's case, including failure to investigate or seize accounts of actual beneficiaries and premature seizure of the applicant's bank accounts before summons were issued. The prosecution’s attempt to hold the applicant liable alongside other entities for the same tax liabilities was found legally untenable under Section 132(c) of the CGGST Act. The incomplete investigation and premature charge-sheet filing raised doubts about the strength of the prosecution's case. Given that the applicant has been in custody since 22.06.2024 and the trial is likely to take considerable time, the Court was inclined to grant bail without commenting on the merits of the case.

Holding and Implications

The Court allowed the regular bail application filed by the applicant, Ishan Gupta.

The applicant is to be released on bail upon furnishing a personal bond of Rs. 1,00,000 with one solvent surety to the satisfaction of the concerned Court. The bail shall remain in force until the disposal of the case.

This decision directly affects the applicant by granting bail but does not establish any new legal precedent or broader implications beyond the facts of this case.

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    ISHAN GUPTA v. UNION OF INDIA

    1

    2024:CGHC:42248

    NAFR

    HIGH COURT OF CHHATTISGARH AT BILASPUR

    MCRC No. 6972 of 2024

    Ishan Gupta S/o Niraj Gupta Aged About 29 Years R/o B-24, Romanesque Villa, Near Jain Mandir, Labhandih, Raipur, District - Raipur

    (C.G.)

    ... Applicant versus

    Union of India Through The Senior Intelligence Officer, Directorate General of G.S.T. Intelligence, Raipur, Zone Unit, 4th Floor, Rio Complex, Near Fruit Market, Lalpur, Dhamtari - Raipur, Raipur (C.G.)

    ... Non-Applicant

    For Applicant : Mr. Shevendu Pandya, Advocate, as well as Mr. Sanskar Rajput, Advocate.

    For Non-Applicant/UOI : Mr. A.S. Kuchwaha, Senior Advocate.

    Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board

    24/10/2024

    1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. DGGI 14/2023-24, registered at Police Station - Directorate General of Intelligence G.S.T., Raipur (C.G.) for the offence punishable under Sections 132(1)(b) and 132(1)(c) of CGGST Act,

    2

    2017.

    2. As per the story of the prosecution, The Directorate General of Goods and Services Tax Intelligence (DGGSTI) has alleged that Ishan Gupta was involved in creating fake firms and issuing fraudulent invoices under Section 132 of the CGST Act. It is claimed that these fake firms were established to inflate turnovers and claim wrongful Input Tax Credits (ITC) without any actual exchange of goods or services. The prosecution asserts that Ishan Gupta played a key role in this alleged tax evasion scheme, resulting in substantial revenue loss to the government. However, despite the serious allegations, the prosecution has not presented any substantive evidence directly linking Ishan Gupta to the creation or operation of these fake firms. No concrete investigation has been carried out against third-party entities alleged to have been involved, raising doubts about the thoroughness of the case. Furthermore, the charge-sheet appears incomplete and prematurely filed, without identifying the actual beneficiaries of the alleged fraudulent transactions. The prosecution has failed to demonstrate any recovery efforts made from other involved parties, further indicating that the investigation is still ongoing. This raises concerns that Ishan Gupta may have been falsely implicated in a politically motivated case, as there is no solid evidence or independent verification of his involvement in the fraudulent activities. The absence of complete information and the premature filing of the charge-sheet strongly suggest that the accusations against him are based on assumptions rather than facts. Hence, this application.

    3

    3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the GST Department has failed to investigate or seize the accounts of the actual beneficiaries in the down-chain, while the applicant's bank accounts were seized even before any summons were issued, additionally, the same tax liabilities are being sought from both the applicants and other entities, which is legally untenable under the CGGST Act, Section 132(c), as no end users or beneficiaries have been implicated, showing a clear failure of the investigative process. The applicant is in jail since 22.06.2024. Hence, he prays for grant of regular bail to the applicant.

    4. On the other hand, learned counsel for the respondent opposes the bail application and submits that The Directorate General of Goods and Services Tax Intelligence (DGGSTI) has alleged that Ishan Gupta was involved in creating fake firms and issuing fraudulent invoices under Section 132 of the CGST Act. It is claimed that these fake firms were established to inflate turnovers and claim wrongful Input Tax Credits (ITC) without any actual exchange of goods or services. The prosecution asserts that Ishan Gupta played a key role in this alleged tax evasion scheme, resulting in substantial revenue loss to the government. Hence, he prays that the bail application be rejected.

    5. I have heard learned counsel appearing for the parties and perused the case diary.

    6. Considering the facts and circumstances of the case, the nature of the allegation levelled against the applicant, the fact that the GST

    4

    Department has failed to investigate or seize the accounts of the actual beneficiaries in the down-chain, while the applicant's bank accounts were seized even before any summons were issued, additionally, the same tax liabilities are being sought from both the applicants and other entities, which is legally untenable under the CGGST Act, Section 132(c), as no end users or beneficiaries have been implicated, showing a clear failure of the investigative process, the applicant is languishing in jail since 22.06.2024 and the charge-sheet/complaint has been filed, the conclusion of the trial is likely to take some time, hence, without commenting anything on merits of the case, I am inclined to grant regular bail to the applicant. Accordingly, the bail application filed on behalf of Applicant - Ishan Gupta is allowed.

    7. If the applicant - Ishan Gupta furnishes a personal bond in the sum of Rs.1,00,000 with one solvent surety to the satisfaction of the concerned Court, he be released on bail involved in Crime No. DGGI 14/2023-24, registered at Police Station - Directorate General of Intelligence G.S.T., Raipur (C.G.) for the offence punishable under Sections 132(1)(b) and 132(1)(c) of CGGST Act, 2017 . Order shall be in force till disposal of the case. - Sd/-

    (Ramesh Sinha)

    Chief Justice

    Rajshekhar

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    ISHAN GUPTA v. UNION OF INDIA
    (Oct 24, 2024)