It is directed that in the event of arrest of the applicants, they be released on bail on furnishing personal bond
Section 132 of the CGST Act — Anticipatory Bail -- The petitioners sought anticipatory bail. It has been alleged that on investigation it was revealed that fictitious firm were engaged in generating and passing on fake ITC by issuing bogus invoice without actual supply of goods. The respondent opposed the bail on the ground that offence alleged against the accused persons are serious in nature in which huge liability of tax evaded in the form of ITC from the government and investigation is at initial stage. They relied upon the judgment of Hon’ble Telangana High Court in the matter of P.V. Ramana Reddy Vs. Union of India. The petitioner submitted that the prime accused who were supplier/distributor have already been arrested by the department on 29.10.2020 and 12.11.2020, and one accused has been enlarged on bail on 14.11.2020, wherein it was observed that arrest of the accused was made prior to adjudication of alleged evasion which is in violation of the settled preposition of law.
Held that:-The Hon’ble Court directed that in the event of arrest, they be released on bail on furnishing personal bond in the sum of Rs. 2 lacs each with surety of like amount. Further, directed the petitioners shall deposit a total sum of Rs. 10 crores, out of the total liability, within 10 days. The petitioner shall join the investigation as and when directed by the IO/Department.
It is directed that in the event of arrest of the applicants, they be released on bail on furnishing personal bond
Section 132 of the CGST Act — Anticipatory Bail -- The petitioners sought anticipatory bail. It has been alleged that on investigation it was revealed that fictitious firm were engaged in generating and passing on fake ITC by issuing bogus invoice without actual supply of goods. The respondent opposed the bail on the ground that offence alleged against the accused persons are serious in nature in which huge liability of tax evaded in the form of ITC from the government and investigation is at initial stage. They relied upon the judgment of Hon’ble Telangana High Court in the matter of P.V. Ramana Reddy Vs. Union of India. The petitioner submitted that the prime accused who were supplier/distributor have already been arrested by the department on 29.10.2020 and 12.11.2020, and one accused has been enlarged on bail on 14.11.2020, wherein it was observed that arrest of the accused was made prior to adjudication of alleged evasion which is in violation of the settled preposition of law.
Held that:-The Hon’ble Court directed that in the event of arrest, they be released on bail on furnishing personal bond in the sum of Rs. 2 lacs each with surety of like amount. Further, directed the petitioners shall deposit a total sum of Rs. 10 crores, out of the total liability, within 10 days. The petitioner shall join the investigation as and when directed by the IO/Department.