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2016 (5) TMI 229 - HC - Service TaxEvasion of service tax - cognizable offence and is hit by Section 89(1) - Violation of conditions of Bail - t bail granted to the appellant was on the basis of his undertaking that he shall make the entire balance amount within fifteen days from the date of release on bail. After bail was granted, he had filed writ petition on 23rd November, 2015 challenging the remand application. - Earlier the VCES application was rejected due to non payment of installment of 50% of the amount. Held that:- Evidently, the applicant had gone back from his undertaking on the basis of which the Court had passed the order for release on bail and therefore, he lacked bona fide. - it was absolutely wrong on the part of the appellant to go back from the undertaking after securing release on bail and thereafter to challenge the remand application by filing the writ petition. Though the appellant in page 50 of the writ petition had admitted that a sum of ₹ 1,81,80,941/- is due and payable, however in paragraph 4 of the writ petition it has been stated that if adjudicated the amount would be less than ₹ 50 lakhs. So the stand of the appellant is inconsistent. Moreover, the orders of rejection have gone unchallenged. Therefore, the learned Judge was justified in dismissing the writ petition. The respondents are entitled to cost, which is assessed at ₹ 10,200/-. - Decided against the appellant
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