2019 (2) TMI 740 – PUNJAB AND HARYANA HIGH COURT – TMI – Grant of Regular Bail – Section 69 of CGST Act, 2017 – bogus billing – incriminating documents found indicating evasion of CGST duty – Held that:- In view of the fact there were justifiable grounds to arrest the petitioners under Section 69 of the CGST Act and further in view of the fact that case involves evasion of more than ₹ 80 crores of tax under the CGST and offence is punishable with imprisonment for a period of five years and complaint is stated to have already been filed, there are no ground to grant benefit of regular bail to the petitioners – petition dismissed. – CRM No.M-45649 of 2018 (O&M) Dated:- 13-12-2018 – MR INDERJIT SINGH, J. For The Petitioners : Mr.Akshay
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
rgued that petitioners have been taken into custody under Section 69 of the CGST Act without making any assessment by the competent authority. Furthermore, if the respondent makes assessment, that assessment firstly, is appealable and can be quashed, secondly, the petitioners have remedy to compound that order by paying the tax etc. He next argued that a complaint has been filed and the petitioners are only to face trial in the complaint case. On the other hand, learned counsel for the respondent argued that there are serious allegations against the present petitioners. They have made bogus billing and adjusted the amount without any transportation of the goods or sale of goods etc. Only paper transactions were done and amounts have been ad
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
f incriminating documents indicating evasion of CGST duty. Statement of Vinod Kumar, proprietor of M/s Sriram Industries was recorded. Similarly, statements of Vinay Gupta, Director and Rajiv Gupta, Account Head, M/s MICA Industries Limited were recorded. Statement of Raju Singh, proprietor of M/s Galaxy Metails Products was also recorded and in view of the statements, further investigation was conducted from transporters etc. I have heard learned counsel for the parties and have gone through the record. Keeping in view the facts and circumstances of the present case, nature and gravity of the offence and in view of the fact there were justifiable grounds to arrest the petitioners under Section 69 of the CGST Act and further in view of the
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =