TMI Blog2021 (5) TMI 980X X X X Extracts X X X X X X X X Extracts X X X X ..... The petitioner has also agreed to remit another sum of ₹ 1 Crore. Thus, as against the proposed/estimated tax due involved i.e. ₹ 21 Crores, the petitioner has already discharged a sum of ₹ 5.68 Crores i.e. 27.05%. After all, there is a mechanism provided under the Act for proper adjudication of the tax due and determination under Sections 73 and 74 of the Act. Therefore, there is no meaning in attaching the bank accounts further - The respondents have reportedly commenced the investigation during October, 2020. The respondents can issue notice under Section 73 of the CGST Act, 2017 and thereafter, determine the amount due and recover the amounts. The impugned attachment orders dated 12.01.2021 and 28.01.2021 are requi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 19.02.2021 in Crl.O.P.Nos.2175 and 2176 of 2021. This order is a conditional order, which reads as under:- 7. Considering the facts and circumstances, considering the period of incarceration suffered by the petitioners, and also considering the submissions of the petitioner regarding the difficulties in mobilising funds, this Court is inclined to permit the petitioners to pay entire tax due in instalments. It is stated that the petitioners already deposited a sum of ₹ 2.5 crores, and it is stated that, a sum of ₹ 3.23 crores is in the bank deposit, which was freezed by the department. At this stage, the Addl. Director General of G.S.T., who was present in the Court submitted that so far as the amount deposited in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dhar Card or Bank Pass Book to ensure their identity; (c) the petitioners, on their release from prison, shall report before the respondent police daily at 10.30 a.m. for the period of two weeks and thereafter as and when required for interrogation; (d) the petitioner shall not commit any offences of similar nature; (e) the petitioner shall not abscond either during investigation or trial; (f) the petitioner shall not tamper with evidence or witness either during investigation or trial; (g) on breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the future receivables so as to strangulate the entire business module of the petitioner. It was further submitted that as against the bail order dated 19.02.2021 in Crl.O.P.Nos.2175 and 2176 of 2021, the Directors of the petitioner company have moved to the Hon'ble Supreme Court insofar as the condition, which mandates recovery/payment of entire balance amount in four instalments. It is submitted that the manner in which the entire recovery proceedings is being initiated is contrary to Section 73 and Section 74 of the CGST Act, 2017. 6. Learned Senior Counsel for the petitioner also submits that the accounts will be maintained transparently and therefore, prays for lifting of the impugned attachment orders, pending issuance of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ested with the Officers under Section 67 of the CGST Act, 2017. The said proceedings also entails a provisional attachment of assets during the pendency of the proceedings under Sections 62, 63, 64, 67, 73 and 74 of the said Act. However, such protection cannot be made against future receivables. 10. Admittedly, an amount of ₹ 5.68 Crores, which was lying in the account has been appropriated till date. The petitioner has also agreed to remit another sum of ₹ 1 Crore. Thus, as against the proposed/estimated tax due involved i.e. ₹ 21 Crores, the petitioner has already discharged a sum of ₹ 5.68 Crores i.e. 27.05%. After all, there is a mechanism provided under the Act for proper adjudication of the tax due an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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