TMI Blog2022 (9) TMI 1195X X X X Extracts X X X X X X X X Extracts X X X X ..... ion is still going on is not enough, but, department should have point out that the further custody of the applicant is necessary. It is on record that, no liability is fixed or determined as per the statutory provisions of the Act. It is the right of the assessee to file an appeal against the assessment subject to deposit of the 10% disputed liability which may not exceed Rs.2 crore. In the facts of the present case, Rs.39,88,318/-, has been recovered during the course of investigation from the applicant. In such circumstances, when trial of the case would not likely to conclude in a reasonable time and the applicant is in custody since 24.03.2022 and considering the bonafide shown by the applicant to deposit the amount, the applicant i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s bail applications filed before the Court of Magistrate City Sessions Court, came to be rejected vide orders dated 20.06.2022 and 20.07.2022 respectively. The complaint as contemplated under the provisions of the Act is filed on 20.05.2022 by the Authority concerned. Feeling aggrieved by the refusal to grant bail by the Court concerned, the applicant has preferred present application to grant him regular bail. 3. This Court has heard Mr. N.D. Nanavaty, learned Senior Counsel assisted by Mr. Varis Isani, learned counsel for and on behalf of the applicant and Mr. Manan Maheta, learned APP for the respondent-State and Department. 4. The brief facts leading to filing of the present application are that: 4.1 The applicant is propriet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , it was submitted that, there is no corroborative evidence found during the course of search and therefore, the entire allegations are based on certain entries. However, adjudication process has not been finalized and entire working has been made on assumptions and presumptions. (ii) The applicant regularly uploaded on the web portal the transaction of sales and purchase and had filed return under the GST regularly. In such circumstances, it is on record that, the case is based on documentary evidence and necessary materials have already been seized by the department and now, further custody of the applicant is not necessary. (iii) In order to determine the liability, no any show cause notice either under Section 61 or Section 73 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bail, the investigation would adversely affected and considering the background facts of the applicant, he can temper with the evidence and influence the witnesses. It is in this context, learned APP submitted that, the applicant defrauded the State Exchequer to the tune of Rs.10.94 crore and offence committed is grave economic offence which need to be viewed with a different approach so far bail is concerned. Thus, he prays that, the applicant should not be enlarged so as to ensure the proper investigation. 8. Hear at length the learned counsel for the respective parties and perused the material placed on record. 9. Before adverting to the contentions raised by learned advocates appearing for the respective parties, it is necessary t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... licant is in custody since 24.03.2022 and considering the bonafide shown by the applicant to deposit the amount, I am inclined to release the applicant on bail subject to deposit of Rs.60 lakhs, before the Office of Chief Commissioner of State Tax, Ashram Road, Ahmedabad within a period of six months in six equal installments from the date of his release. It is to be noted that, Rs.39,88,318/- has already been recovered from the applicant. The department is directed to accept the amount. The applicant shall file an undertaking to the this effect before the Court concerned and this Court within a period of 15 days from the date of his release. If the applicant fails to comply with the condition, the bail granted to the applicant shall stands ..... X X X X Extracts X X X X X X X X Extracts X X X X
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