Merely because the respondent is a partner in one of the entities and sole proprietor of the other, does not mean that he cannot separately be arrested for a distinct transaction.
Section 132 of the CGST Act, 2017 — Bail — The petitioner- DGGI challenged order dated 24.09.2020 made by the learned CMM, Patiala House Courts, New Delhi, whereby the respondent was granted bail on two main basis- one, that the respondent has already been arrested in a matter relating to transactions of M/s Gaia Overseas, of which the respondent was one of the partners; and accordingly could not be re-arrested a second time in relation to the transactions relating to M/s Aadhar India, of which he is sole proprietor. Two, that the respondent has prima facie shown that he has secured an amount of about 40% of the amount of tax allegedly evaded. The respondent submitted that the impugned order is legally flawed as each transaction comprises a separate offence under the GST Act.
Held that:-The Hon’ble High Court listed the matter on 17.12.2020.