Issuing fake GST invoices, e-way bills economic offence, says Delhi HC
New Delhi, Sep 7 (IANS) The Delhi High Court has observed the seriousness of issuing fake invoices and e-way bills for GST evasion, categorising it as an economic offence that causes a loss to the public exchequer. Justice Amit Bansal denied anticipatory bail to a chartered accountant accused of forgery and GST evasion through the creation of false invoices issued by non-existent entities.
The case stems from a complaint filed by Umang Garg, who alleged that the chartered accountant induced him to purchase goods or materials through various firms, later discovered to be fictitious.
Garg further claimed that the CA had him deposit payments for these goods into different accounts under various names, ultimately defrauding him of Rs 2,81,99,475, which included unpaid GST.
In dismissing the anticipatory bail plea, the court stressed on the gravity of the situation. It noted that the CA had attempted to secure interim protection by offering to settle the matter through mediation proceedings, implying that his intent was to maintain that protection during the mediation.
However, once the mediation proceedings concluded as “not-settled,” the court found it necessary to evaluate the application on its merits.
The court also said that the evidence collected during the investigation suggested that the CA was running the companies in question and had received a substantial sum of Rs. 3.5 crores from Garg.
In light of these findings and the serious nature of the allegations, including forgery and GST evasion through the creation of false invoices, the court found no grounds for granting anticipatory bail to the CA.
Justice Bansal also vacated the interim protection previously granted to the chartered accountant.