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2020 (8) TMI 370 - HC - GSTGrant of Anticipatory Bail - Petitioner is the landlord of the premises where his tenant, who runs a factory, allegedly evaded the tax by clandestine sale of Pan Masala.- Section 70 of G.S.T. Act - validity of initiation of counter proceedings - applicability/nonapplicability of the provisions of Section 438 Cr.P.C. - HELD THAT:- A significant amount of time has been spent by both the parties to convince the Court or to counter that the procedure prescribed in Chapter XII of the CR.P.C. has not been complied with or followed in the present case, therefore, the very initiation of the proceeding is void and contrary to the law - It is not disputed that the petitioner is one of the Director of media company Dabang Dunia but it is contended that they are neither concerned nor responsible for the unauthorized use of any sticker or ID card by any vehicle or driver implicated in the clandestine transportation of any taxable goods. Elaborate discussion of all the evidences, which is otherwise confidential, would not be appropriate as it may affect the case of either party. But on careful consideration of the evidence on record, it is considered appropriate to allow the petition, therefore, without commenting on merits of the case, the petition is allowed. The bail application is allowed and it is directed that in the event of the petitioner's arrest or surrender before the police within a month of this order, the petitioner shall be released on bail on his furnishing a personal bond of ₹ 10,00,000/- with one solvent surety of the like amount to the satisfaction of Station House Officer of the Police Station concerned.
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