Rejected bail petition considering the evasion of GST of more than Rs. 80 crore: High Court of Punjab and Haryana

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Fact: Mr. Vikas Goel and Mr. Raju Singh (“the Petitioners”) have filed a writ petition under Section 439 for grant of regular bail in arrest made by Director General of Goods and Services Tax Intelligence, Gurugram Zonal Unit under the provisions of Section 69 of CGST Act, 2017 as per application for judicial remand dated September 14, 2018 filed before learned Chief Judicial Magistrate, Gurugram. Further, the competent authority contended that the petitioner has 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 of more than Rs. 80 crores.

Held: The Hon’ble High Court of Punjab and Haryana vide CRM No. M-45649 of 2018 (O&M) dated December 13, 2019 stated that the nature and gravity of the offence and in view of the fact there were justifiable grounds to arrest the petitioner under section 69 and further the case involves evasion of more than Rs. 80 crores of tax and offence is punishable with imprisonment for a period of five years and complaint is stated to have already been filed, there is no ground to grant benefit of regular bail to the petitioner. Therefore, the bail petition deserved to be dismissed. 

Citation: [2019] 102 taxmann.com 68 (Punjab &Haryana)

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