Bail of a Chartered Accountant (absconded for about past 1 year) dismissed by Court in a fake bill case.

Petitioner

Counsel for the petitioner submits that the petitioner has been falsely implicated in this matter and the petitioner is a chartered accountant by profession and he is not liable for the offences committed by co-accused persons.

Revenue

Counsel appearing on behalf of the department has opposed the bail application and submitted that while arguing the bail application filed by co-accused Hemant Kumar Singhal (Brother of CA-Petitioner) the arguments raised by counsel has been recorded in para No.3 & 4 of the order, which reads as under:-

“3. It is contended by counsel for the petitioner- Hemant Kumar Singhal that case of the petitioner would not travel beyond Section 132(1)(f) of C.G.S.T. Act, the maximum punishment for which as provided under the Act is only six months. It is contended that petitioner has not created any fake bills/invoices and has not availed or passed on any input tax credit. It is also contended that petitioner has remained in custody for a period of three months. The main accused in this case is Abhishek Singhal, who is absconding.

4. It is also contended that petitioner has appeared before the Authorities and has answered their queries. Petitioner-Hemant Kumar Singhal is pursuing his C.A. Course and his brother is a registered C.A., who is stated to be the main accused and was instrumental in getting GST registration of 38 fake firms. It is only because he is brother of the main accused that he has been arrested.”

Counsel further submits that allegation against the petitioner is of availment by passing of ITC wrongfully to the tune of ₹ 6,36,32,492/- by creating 38 fake firms. Counsel further submits that the petitioner has absconded for about one year.

High Court

This bail application filed on behalf of the petitioner deserves to be dismissed; for the reasons, firstly, the petitioner failed to appear before the Department while notices were issued to him, secondly, even after filing of complaint before the learned Trial court, he remained absconded for about one year and thirdly, the petitioner is a chartered accountant, who is master mind of the crime and he has created multiple fake firms and availed ITC wrongfully to the tune of ₹ 6,36,32,492/-.

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