2024 (6) TMI 660 - HC - GST

Seeking grant of bail - evasion of GST - HELD THAT - Considering the fact that the maximum punishment for the offence under sections 132 (1) (b) 132 (1) (c) and 132 (5) of the Central Goods and Services Tax Act is five years and charge has already been framed in this case petitioner is directed to be released on bail on furnishing bail bonds of Rs. 100, 000/- (Rupees one lakh) with two sureties of the like amount each to the satisfaction of learned Presiding Officer Special Court Economic Offences Jamshedpur. Petition allowed.

Summary

Issues involved: Bail application u/s 132 (1) (b), 132 (1) (c), and 132 (5) of the Central Goods and Services Tax Act for evasion of GST worth Rs. 48.19 crore.

Summary:
The petitioner, accused in a case under sections 132 (1) (b), 132 (1) (c), and 132 (5) of the Central Goods and Services Tax Act for evading GST, filed an interlocutory application for early hearing, which was dismissed as the main matter was already taken up. The petitioner is alleged to have evaded GST amounting to Rs. 48.19 crore for three financial years. After the submission of the prosecution report, charges were framed against the petitioner. The maximum punishment for the alleged offences is five years, as per a Supreme Court decision. The Senior Standing Counsel for the opposite party stated that during the investigation, a witness revealed attempts by co-accused persons to influence the proceedings. Considering the nature of the offences and that charges have been framed, the petitioner was granted bail on certain conditions, including cooperating with the investigation and not influencing it in any way.

In conclusion, the petitioner was directed to be released on bail upon furnishing bail bonds and sureties, cooperating with the investigation, and giving an undertaking not to influence the proceedings. The petitioner was also restricted from traveling abroad without the court's permission.