High Court of Allahabad
Kapil Chugh v. State of U.P
APPLICATION U/S 528 BNSS NO. 30925 OF 2026
The ruling in brief
Where authorities alleged firm availed and passed on fake ITC through bogus invoices and initiated simultaneous GST demand and BNS prosecution based on same facts, since genesis was GST non-payment and BNSS mandates such offences be investigated under special enactments, prosecution under BNS for same conduct was barred and all parallel criminal proceedings under general law were quashed against applicant
Provisions considered
- CGST S.132
- CGST S.73
- CGST S.74
- CGST S.134
- BNSS S.4
- BNSS S.5
- BNS S.61
- BNS S.318
- BNS S.336
- BNS S.338
- BNS S.340
- BNS S.345
Section 132, read with sections 73, 74 and 134, of Central Goods and Services Tax Act, 2017/Uttar Pradesh Goods and Services Tax Act, 2017 - Section 4, read with section 5, of Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 61(2), 318(4), 336(3), 338, 340(2) and 345(2) of Bharatiya Nyaya Sanhita, 2023
This summary is for general information and is not legal advice. Read the full decision and the applicable law before relying on it.