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TMI Blog2020 (2) TMI 516X X X X Extracts X X X X X X X X Extracts X X X X ..... itself, the report of fire made to the police and the fire brigade is also available which goes to show that fire took place in the factory premises of the petitioner. Petitioner has already furnished the bond with regard to import of ₹ 108 crores and in case the export is not made within eighteen months, he is liable to pay in accordance with bond executed by him. Petitioner has remained in custody for a period of more' than five months. No notice with regard to tax outstanding has ever been issued to the petitioner. The second bail application allowed. - S. B. Criminal Miscellaneous Second Bail Application No. 15418 of 2019 - - - Dated:- 22-11-2019 - Pankaj Bhandari, J. Shri Kamlakar Sharma, Sr. Advocate assisted by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ward E-way bills are given from which it is revealed that total Inward supplies were to the tune of ₹ 133 crores and the Outward supplies were to the tune of ₹ 32 crores. It is contended that charge-sheet discloses different hands. At one place, the E-way supply is shown as ₹ 143 crores, whereas at a different paragraph, the E-way supply is shown as ₹ 133 crores. It is contended that Department has shown two Inward supplies to E-way bills and has come to the conclusion that there is an evasion of tax of about ₹ 25 crores, whereas from the E-way bills generated, it is revealed that only Inward supply was to the tune of ₹ 133 crores out of which ₹ 108 crores goods were imported by the petitioner which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ently opposed the second bail application. It is contended that at the premises of the factory, the stock was found and physical verification was only worth about ₹ 2 crores. There was thus a deficit of stock to the tune of ₹ 101 crores. It is contended that petitioner has sold the goods without generating the Outward supply invoice and has thus evaded tax to the tune of ₹ 18 crores. 9. It is also contended that the total evasion of tax is to the tune of ₹ 25 crores, hence, petitioner is not entitled to grant of bail. It is also contended that petitioner has imported the goods but has not exported the goods, hence, he has evaded the tax and customs duty. It is argued that the import was worth ₹ 108 crores a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng has ever been issued to the petitioner. 13. In view of the same and judgments cited by counsel for the petitioner, I deem it proper to allow the second bail application. 14. This second bail application is accordingly allowed and it is directed that accused petitioner shall be released on bail provided he furnishes a personal bond in the sum of ₹ 10,00,000/- (Rupees Ten Lac only) together with two sureties in the sum of ₹ 5,00,000/- (Rupees Five Lac only) each to the satisfaction of the Learned Trial Court with the stipulation that he shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 15. Petitioner is directed to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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