Bail Granted in GST ITC Case as Probe Based on Documents | HC

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GST ITC bail
Case Details: King Raj vs. Director General of GST Intelligence (2026) 41 Centax 251 (P&H.)

Judiciary and Counsel Details

  • Sanjay Vashisth, J.
  • S/Shri Sandeep Goyal, Sr. Adv. & Rishab Singla, Adv., for the Petitioner.
  • Shri Saurabh Goel, Sr. Standing Counsel, for the Respondent.

Facts of the Case

The petitioner was arrested in a case registered by the Directorate General of GST Intelligence (DGGI) relating to allegations of fraudulent availment and passing of input tax credit (ITC). The allegation was that ITC was claimed without any actual inward supply of goods against the taxable value reflected in the records. The petitioner remained in custody and filed the present petition seeking regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The matter was accordingly placed before the High Court.

High Court Held

The High Court held that the investigation in the case was primarily based on documentary evidence already available with the department. The Court further held that custodial interrogation of the petitioner would not serve any meaningful purpose in the facts of the case. The Court also held that since the petitioner was in custody for a considerable period, and the trial was likely to take time, continued custody was not warranted. Accordingly, the Court held that the petitioner was entitled to be released on bail subject to furnishing bail and surety bonds.

List of Cases Cited

  • Jashanpal Singh v. UOI — (2026) 39 Centax 297 (P&H.) = 2026 (106) G.S.T.L. 308 (P&H.) — Referred [Para 2]
  • Radhika Agarwal v. UOI — (2025) 27 Centax 425 (S.C.) = 2025 (95) G.S.T.L. 225 (S.C.) = 2025 (392) E.L.T. 273 (S.C.) — Followed [Para 8]
  • Vineet Jain v. UOI — (2025) 30 Centax 57 (S.C.) = 2025 (99) G.S.T.L. 129 (S.C.) — Referred [Para 2]

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