Bail Application — Section 69 of CGST Act, 2017 — In the instant case, Petitioners are seeking grant of regular bail in arrest made by Director General of Goods and Services Tax Intelligence, Gurugram Zonal unit u/s 69 of CGST Act.
Allegations by the department is that petitioners 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 adjusted and wrongly claimed relief is of more than Rs. 80 crores; that officer from the office of Director General of Goods and Services Tax Intelligence visited the registered premises of M/s Sriram Industries and said premises was found closed and on enquiry from the person available in the close vicinity, it was ascertained that the said premises was closed for the last five years; that premises was controlled and used by Vinay Kumar Gupta, Director of M/s MICA Industries. Then search was conducted leading to recovery and seizure of a large number of incriminating documents indicating evasion of CGST duty. Statements were recorded of Director of M/s MICA Industries and Proprietor of M/s Galaxy Metals Products, further investigation was conducted from transporters etc.
In view of the fact that case involves evasion of more than Rs.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, I do not find any ground to grant benefit of regular bail to the petitioners. — Vikas Goel And Another Vs. Central Goods And Services Tax Commissionerate, Gurugram [2018] 7 TAXLOK.COM 073 (P&H)