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2018 (7) TMI 1745 - HC - GSTBail application - grounds taken for relaxation is that the condition enshrined in the order is very severe condition and next impossible for the petitioner to comply with the condition - Held that:- The provisions as shown to this are undoubtedly very very stringent nittigrity of laws of the provision in this Act - even the provision under Sub- Section (2) of Section 138 which deals with compoinding of offences, is also very stringent. It appears that the allegation against the petitioner Sanjay Kumar Bhawalka is that of evasion of ₹ 27 crore as of now, similarly, the evasion of GST as alleged against Neeraj Jain is a sum of ₹ 12 crore. Therefore, the condition for enlargement of bail to the petitioner on deposit of ₹ 39 crore to the Government Exchaquer through the competent authority is modified to the extent that Sanjay Kumar Bhuwalka the petitioner on condition shall deposit 50% of the evaded amount of ₹ 27 crore - Similarly, the petitioner Neeraj Jain would deposit ₹ 6 crore being the 50% of evaded amount of ₹ 12 crore as a condition to obtain bail - also, the condition of furnishing bond be modified to the sum of ₹ 10 lakh each which can be furnished by way of personal bond to be executed by the petitioners. Bail applications disposed off.
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