2024 (2) TMI 354 - HC - GST

Seeking grant of Bail - GST violation to the tune of Rs.122 Crores - HELD THAT - Considering the facts and circumstances of the case and also considering the fact that the petitioner has come forward to deposit a sum of Rs. 50,00,000/- to the respondent by way of demand draft, this court is inclined to grant bail to the petitioner with certain conditions. The petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.1, Trichy, and on further conditions imposed - bail application allowed.

Summary

Issues involved: Bail application u/s 132(1)(b) and (c) of Central Goods and Service Tax Act for GST violation of Rs.122 Crores.

Summary:

The petitioner, a chartered Accountant, sought bail after being remanded to judicial custody for GST violations amounting to Rs.122 Crores. The prosecution alleged an error in the calculation of GST payment, with the petitioner willing to deposit Rs. 50,00,000/- to the respondent. The court, after reviewing the FIR and circumstances, granted bail with conditions including depositing the said amount, surrendering passport, daily appearance before the respondent, and prohibition on tampering with evidence or absconding. Breach of conditions could lead to appropriate legal action as per precedent.

Detailed Judgment:

The petitioner, arrested for GST violations under Section 132(1)(b) and (c) of CGST Act, sought bail after being in judicial custody for over seven months. The prosecution alleged a GST violation of Rs.122 Crores against the petitioner, a chartered Accountant, leading to the case registration by GST Authorities. The petitioner claimed an error in the calculation, stating the actual GST liability was only Rs.25 lakhs. However, the petitioner expressed willingness to deposit Rs. 50,00,000/- to the respondent within two weeks, without prejudice to his defense.

The court, after hearing both parties, reviewed the materials on record, including the FIR. Considering the petitioner's offer to deposit Rs. 50,00,000/- and the circumstances of the case, bail was granted with specific conditions. The petitioner was ordered to execute a bond of Rs.10,000/- with two sureties, each for a like sum, before the Judicial Magistrate No.1, Trichy. Additionally, conditions included the deposit of Rs. 50,00,000/- by way of Demand Draft to the respondent within two weeks, daily appearance before the respondent, surrendering the passport, and refraining from tampering with evidence or absconding.

The court emphasized that any breach of the imposed conditions would lead to appropriate legal action as per the law, citing the precedent set by the Hon'ble Supreme Court. It was also noted that in case of the accused absconding, a fresh FIR could be registered under Section 229-A IPC.