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Future Group's Sunil Biyani is shielded from arrest in the GST scandal by the Bombay High Court.
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After receiving a summons from the Directorate General of GST Intelligence (DGGI), Biyani went to the High Court.
In a ₹1,200-crore Goods and Services Tax (GST) scandal, Future Group's non-executive director Sunil Biyani was granted protection from arrest by the Bombay High Court on Friday. [Sunil Biyani v. Union of India & Ors]
The Central GST authority had not issued an order for Biyani's arrest, according to single-judge Justice NR Borkar.
"Biyani cannot be arrested without such an order under Section 69 of the CGST Act. According to that perspective, the current Anticipatory Bail Application cannot be considered at this time, the Court said.
He did, however, add that if the authority issues such an order, Biyani will not be arrested until a week after the date the order is announced, according to the court.
After receiving a summons from the Directorate General of GST Intelligence (DGGI), Biyani went to the High Court.
A massive circular input tax credit and false invoicing scheme with a total GST consequence of over ₹200 crores is the subject of the underlying investigation.
In this instance, the input tax credit and invoices are on paper rather than in actual corporate operations.
Through an affidavit, the DGCI clarified that the case also involves ₹1208.77 crore in overseas transfers, of which about ₹50 crore in ineligible input tax credit and ₹217.57 crores in GST appear payable.
The Biyani was a director at Alphaneon Studioz and Pindflix Entertainment, where about ₹664.70 crore of these remittances allegedly went.
Based on the invoices of suppliers that were later discovered to be nonexistent or not functioning from their registered premises, Alphaneon alone is alleged to have obtained an ineligible input tax credit of roughly ₹20 crores, according to the DGCI.
They maintained that custody interrogation is essential due to the extent of the alleged evasion, layered transactions, and electronic proof.
Biyani emphasized in his request for pre-arrest bail that he had resigned via email from the relevant company in July 2023.
According to his plea, Alphaneon wrongfully accused him through bogus corporate papers.
He claimed to have been drawn into the investigation even though he had offered to cooperate and reply in writing to the summons, but he denied any involvement in the purported fraud.
Biyani was represented by advocates Abhinav Chandrachud, Abhishek Salian, and Mayuresh Ingale.
DGCI was represented by advocates JB Mishra, Sangeeta Yadav, Rupesh Dubey, and Umesh Gupta.
