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YOGESH JAGDISH KANODIA vs. THE STATE OF MAHARASHTRA AND OTHER
(Bombay High Court)

Hon'ble Judges:

S.S. SHINDE
MANISH PITALE
Pet. Counsel
Abad Ponda
Anveshika Sing
Karan Jain
Res. Counsel
Jitendra B. Mishra
S.d.shinde

Petitioner / Applicant

YOGESH JAGDISH KANODIA
Respondent THE STATE OF MAHARASHTRA AND OTHER
Court Bombay High Court
State

Maharashtra

Date Feb 8, 2021
Order No.

CRIMINAL WRIT PETITION NO.93 OF 2021

Citation

2021(2) TAXREPLY 3838
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ORDER

1. Rule made returnable forthwith. With the consent of learned counsel appearing for the parties, heard finally. 2. The petitioner has approached this Court claiming that his arrest under the provisions of the Central Goods and Services Tax Act, 2017 (hereinafter referred to as “the CGST Act”), is illegal as he has been kept in custody in a bailable offence. On this basis, the petitioner seeks a direction for his release forthwith. 3. The petitioner was arrested on 30.12.2020 and he was produced before the Additional Chief Metropolitan Magistrate, Mumbai, who remanded the petitioner to magisterial custody. Respondent No. 2 proceeded against the petitioner on the basis that he had committed offence under section 132 (1) (b) (c) of the CGST Act and that since the input tax credit wrongly availed by the petitioner exceeded ₹ 500 lakh (₹ 5 crores) and the offence was punishable with imprisonment for a term, which could extend to five years and with fine under sec....

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