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2020 (8) TMI 448 - HC - GSTGrant of Bail - evasion of GST - erstwhile directors of the company - evasion of on account of production and sale of sanitizers - It is argued that the instant arrest proceedings are completely premature, as till date the assessment proceedings have not commenced and, therefore, there is no concretized liability that the GST Department can fasten on the SDPL - Sub-section (7) of Section 107 of the CGST Act - HELD THAT:- We have gone through the record in order to ascertain the existence of “reasons to believe” for the proceedings being initiated against the applicants. We do not perceive any material, except the statement of the employee. There is no documentary material produced on record to show that the present applicants were legally in charge and responsible for the day-to-day working of the Company. They had already resigned legally from the Directorship of the Company. Merely on a bald statement of an employee of the Company, it cannot be held that the present applicants were in charge and responsible for the functions of the Company. It is directed that the applicants be released from custody on their furnishing a personal bond in the sum of ₹5,00,000/- each, with separate sureties of the like sum to the satisfaction of the trial Court, for their appearance before it, as and when required, further subject to the conditions imposed.
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