9911796707
TMI Blog2019 (3) TMI 1707X X X X Extracts X X X X X X X X Extracts X X X X ..... in accused in this case is a corporate body. The financial matters are being dealt with by the Chief Financial Officer - Furthermore, the petitioner is not directly or indirectly liable for, the taxes imposed by the Government from time to time. There is no record to substantiate the prima facie involvement of the petitioner in the subject criminal case. The arrest and detention of the petitioner would damage his reputation. The allegations are not grave and the gravity of the offences is not so high to deny bail to the petitioner under Section 438 Cr.P.C. There are no circumstances to hold that the petitioner would indulge in tampering the records and influence the witnesses. The Chief Financial Officer of the said company was arrested and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ondents and perused the record. 3. The learned senior counsel appearing on behalf of the petitioner would submit that initially, the subject criminal case was registered against one Sangapu Raveendra, Chief Financial Officer of M/s. Adarsh Global Trades and Services Private Limited, having its office at Hyderabad. Search operations were conducted by the respondent No.2-Senior Intelligence Officer, O/o. Director General of Goods and Service Tax Intelligence, Hyderabad Zonal Unit, Hyderabad, and various documents relating to M/s. Adarsh Global Trades and Services Private Limited were seized. Subsequently, the respondent No.2 served summons to the Chief Financial Officer of M/s. Adarsh Global Trades and Services Private Limited under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith the investigating agency and ultimately prayed to allow the application. 4. On the other hand, the learned Special Public Prosecutor representing the respondents would contend that the petitioner is responsible for tax evasion to an extent of ₹ 36 crores. No summons, as required under Section 70 of the GST Act, were served on the petitioner. Investigation is in progress. If the submissions made on behalf of the petitioner are acceded, it causes heavy loss to the State exchequer and ultimately prayed to dismiss the application. In support of his contentions, the learned Special Public Prosecutor had relied on a decision of the Apex Court in Union of India Vs. Padam Narain Aggarwal (2008) 13 SCC 305 5. In view df the above rival ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the course of investigation, if he has a reason to believe that a person has committed any offence specified in clause (a) or clause (b) or clause (c) or clause (d) of sub-section (1) of Section 132 which is punishable under clause (i) dr (ii) of sub-section (1), or sub-section (2) of the said section, he may, by order, authorise any officer of central tax to arrest such person, without resorting to Section 70 of the GST Act and, therefore, it is not mandatory on the part of the investigating officer to first issue summons under Section 70 of the GST Act and then arrest that person. 7. In Padam Narain Aggarwal's case (supra) which was relied upon by the learned Special Public Prosecutor representing the respondents, the Apex Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e High Court imposed condition which was not in consonance with Section 438 Cr.P.C and the said condition was curtailing the powers of the investigating authority i.e, custom officers from exercising the statutory power of arrest. Therefore, the Hon'ble Apex Court was pleased to set aside the order of bail granted in favour of the accused therein. 9. In the instant case, as per the submissions made by learned Special Public Prosecutor, there is no prima facie case against this petitioner yet directly indulging in evasion of tax to the tune of ₹ 36 crores. The Special Public Prosecutor submits that in the course of investigation if it is found that this petitioner is guilty of evasion of tax, on compliance of Section 70 of the GS ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
