The applicant is ordered to be released on regular bail on executing a personal bond
Section 132 of the CGST Act, 2017----Bail —– The applicant filed application u/s 439 of the CrPC for regular bail for offences punishable under sections 132(1)(a) of the Act, 2017. The main allegation is regarding wrongful availment of tax exemption vide Notification No.2/2017, by mis-applying and mis-interpreting the exemption notifications and by actually using the brand name of the company, of which the applicant is the MD. The petitioner submitted that the issue is a fiscal matter and has to be adjudicated upon, for which his jail custody is not warranted. He has deposited Rs. 75 Lacs during the course of investigation. The respondent counsel submitted that the applicant had registered his trademark, which came out during the inspection at the Trademark Registry and it was a deliberate act of evasion of tax. The court observed that the applicant has taken benefit of the Notification, after intimating the Department vide communication dated 22.09.2017, the returns were filed, which were also audited. Whether or not the applicant has mislead the authority would be a matter adjudication. The applicant has deposited a sum of Rs. 75 Lacs.
Held that:- The Hon’ble High Court allowed the application and directed the applicant be released on regular bail, on executing a personal bond of Rs. 15,000/- with one surety of the like amount to the satisfaction of the trial Court and subject to certain conditions.
The applicant is ordered to be released on regular bail on executing a personal bond
Section 132 of the CGST Act, 2017----Bail —– The applicant filed application u/s 439 of the CrPC for regular bail for offences punishable under sections 132(1)(a) of the Act, 2017. The main allegation is regarding wrongful availment of tax exemption vide Notification No.2/2017, by mis-applying and mis-interpreting the exemption notifications and by actually using the brand name of the company, of which the applicant is the MD. The petitioner submitted that the issue is a fiscal matter and has to be adjudicated upon, for which his jail custody is not warranted. He has deposited Rs. 75 Lacs during the course of investigation. The respondent counsel submitted that the applicant had registered his trademark, which came out during the inspection at the Trademark Registry and it was a deliberate act of evasion of tax. The court observed that the applicant has taken benefit of the Notification, after intimating the Department vide communication dated 22.09.2017, the returns were filed, which were also audited. Whether or not the applicant has mislead the authority would be a matter adjudication. The applicant has deposited a sum of Rs. 75 Lacs.
Held that:- The Hon’ble High Court allowed the application and directed the applicant be released on regular bail, on executing a personal bond of Rs. 15,000/- with one surety of the like amount to the satisfaction of the trial Court and subject to certain conditions.