TMI Blog2022 (6) TMI 1078X X X X Extracts X X X X X X X X Extracts X X X X ..... of Rs.6,95,32,472/- and supplied taxable goods without payment of taxes and without issuing invoices to the tune of Rs.27,70,559/-, totalling Rs.7,23,03,031/-, and that offence under the Act are bailable and non-cognizable except for the offence under Section 132 (5) of the Act, further considering that the applicant can be punished with maximum sentence of 5 years with fine, he is in jail since 27.10.2021, further considering that Proprietor of the firm namely, Rohan Tanna and Abhishek Pandey have already been enlarged on bail by the co-ordinate Bench and also considering that the applicant in the bail application raised a ground that the offence is compoundable in nature and, therefore, this Court after considering all the aspects of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oices to the tune of Rs.27,70,559/-. Thus total Input Tax Credit availed and non-payment of tax is Rs.7,23,03,031/-. 3. Learned Senior Counsel for the applicant would submit that the applicant is innocent and has been falsely implicated. Due procedure has not been followed, as the offence triable is summons in nature. During investigation, all the necessary documents regarding business and trade of the applicant's firm were supplied to the concerned authorities, but were not considered in proper manner. She further submits that the offence under Section 138 of the Act is compoundable in nature and the offence up to the amount of Rs.5 crores, tax evasion is defined as bailable in character. Co-accused namely, Rohan Tanna and Abhishek ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ake invoices. Investigation is still going on and another firm has been detected through which the applicant has dealt with and caused loss to the exchequer. He further submits that the statement of the applicant was recorded on 27.10.2021 wherein he could not give satisfactory reply and sought to seek instructions from their Chartered Accountant. The Chartered Accountant has also not submitted any explanation to the Department about non-existent firm to whom the supply has been made by the present applicant by using fake transport bilties. The documents collected prima facie establish that the applicant has violated the provisions of Section 16, 31 49 of the Act and thereby committed the offence under Section 132 (1)(1)(i) of the Act for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ruin the economy of the State are not brought to book. A murder may be committed in the heat of moment upon passions being aroused. An economic offence is committed with cool calculation and deliberate design with an eye on personal profit regardless of the consequence to the community. A disregard for the interest of the community can be manifested only at the cost of forfeiting the trust and faith of the community in the system to administer justice in an even-handed manner without fear of criticism from the quarters which view white-collar crimes with a permissive eye unmindful of the damage done to the national economy and national interest. 24. While granting bail, the court has to keep in mind the nature of accusations, the na ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submit that the protection denied in the matter of P.V. Ramana Reddy (Supra) relates to pre-arrest protection whereas the present case relates to post-arrest bail. She also submits that the time already spent in jail is always a relevant consideration in the matter of grant of bail and only on the basis of economic offence, the offender should not be kept in jail for indefinite period. She further submits that though the applicant is in jail for the last 9 months, but till so far the Department has not completed its investigation and is still seeking time for further investigation, though the complaint has already been filed. Learned counsel for the applicant placed reliance on the Judgment in the matters of Shri Vikas Bansal Vs. Union of I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ects of the matter, particularly the period of detention and the amount involved finds appropriate that if the applicant deposits Rs.70 lakhs under protest or admission of the disputed amount, which would be adjusted in accordance with law, the applicant can be enlarged on bail with the following conditions:- the applicant shall execute a personal bond for a sum of Rs.50,000/-with one surety for the like amount to the satisfaction of the trial Court. He shall appear before the trial Court on each and every date given by the said Court. The applicant shall also deposit a sum of Rs.70 lakhs, under protest or admission, in favour of Principal Commissioner, CGST, Raipur within a period of 45 days from the date of his release. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
