The present application is allowed and the applicant is ordered to be released on regular bail.
Section 132 of the CGST Act, 2017 — Bail —–The applicant filed bail application for the offences under Section 132(1)(a) of the Act, 2017. The applicant was arrested on 07.12.2020. It is alleged that the applicant had generated e¬way bills of 16 firms by concealing the identity of the real purchaser and real seller and has caused huge revenue loss to the tune of Rs. 9.60 corers by evading tax. The counsel for the applicant submitted that the offence is triable by the Court of Magistrate under Section 138 and the maximum imprisonment punishable is for five years. He referred complaint and submitted that the applicant is wrongly roped in all 16 firms, whereas his name is only disclosed in 04 firms. It is also submitted that the total amount of evasion of tax of such firms would come to around Rs. 1,60,00,000/¬ and the applicant is ready and willing to deposit some amount. The investigation is over and hence, the applicant may be released on bail. The respondent counsel submitted that there are 63 firms connected with the applicant and there is no co¬operation of the applicant in the investigation. The court observed that the applicant is under the judicial custody since 07.12.2020, complicity of the applicant in generating e¬way bills for evading the tax by misusing registration number is in four firms instead of 16 firms, and total tax evasion comes to Rs. 1,60,0000/¬ aprox; the investigation is over as the complaint is already filed; the offence is punishable with maximum of 5 years imprisonment. The Court relied upon the judgment laid down by the Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, (2012) 1 SCC 40.
Held that:- The Hon’ble High Court directed the applicant be ordered to be released on regular bail on executing a personal bond of Rs. 10,000/¬ and subject to certain conditions. The applicant shall deposit an amount of Rs. 10,00,000/¬ within a period of 10 days The applicant shall file an undertaking that the remaining amount of Rs. 30,00,000/¬ shall be deposited within a period of 12 weeks.
The present application is allowed and the applicant is ordered to be released on regular bail.
Section 132 of the CGST Act, 2017 — Bail —–The applicant filed bail application for the offences under Section 132(1)(a) of the Act, 2017. The applicant was arrested on 07.12.2020. It is alleged that the applicant had generated e¬way bills of 16 firms by concealing the identity of the real purchaser and real seller and has caused huge revenue loss to the tune of Rs. 9.60 corers by evading tax. The counsel for the applicant submitted that the offence is triable by the Court of Magistrate under Section 138 and the maximum imprisonment punishable is for five years. He referred complaint and submitted that the applicant is wrongly roped in all 16 firms, whereas his name is only disclosed in 04 firms. It is also submitted that the total amount of evasion of tax of such firms would come to around Rs. 1,60,00,000/¬ and the applicant is ready and willing to deposit some amount. The investigation is over and hence, the applicant may be released on bail. The respondent counsel submitted that there are 63 firms connected with the applicant and there is no co¬operation of the applicant in the investigation. The court observed that the applicant is under the judicial custody since 07.12.2020, complicity of the applicant in generating e¬way bills for evading the tax by misusing registration number is in four firms instead of 16 firms, and total tax evasion comes to Rs. 1,60,0000/¬ aprox; the investigation is over as the complaint is already filed; the offence is punishable with maximum of 5 years imprisonment. The Court relied upon the judgment laid down by the Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, (2012) 1 SCC 40.
Held that:- The Hon’ble High Court directed the applicant be ordered to be released on regular bail on executing a personal bond of Rs. 10,000/¬ and subject to certain conditions. The applicant shall deposit an amount of Rs. 10,00,000/¬ within a period of 10 days The applicant shall file an undertaking that the remaining amount of Rs. 30,00,000/¬ shall be deposited within a period of 12 weeks.