9911796707
TMI Blog2024 (10) TMI 1613X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 2017, Chapter XV. Section 76 specifies that if tax is collected but not paid to the Government, then the Act itself prescribes the procedure and mode for initiating recovery proceedings. The applicant has already deposited 60 Lakh Rupees before the authority. The applicant has expressed his willingness to deposit 10% of the alleged amount. In this regard, an undertaking has been filed on his behalf stating that the applicant is ready to deposit Rs. 90,00,000/- (Ninety Lakh Rupees) within a period of seven days. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of SANJAY CHANDRA VERSUS CBI [ 2011 (11) TMI 537 - SUPREME COURT] as well as in the case of GUDIKANTI NARASIMHULU AND ORS. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ishable under Sections 132 (1) (d), etc. of the Central Goods and Services Tax Act, 2017. 3. Learned Advocate appearing on behalf of the applicant submits that the applicant has nothing to do with the offence and he is falsely implicated in the offence. The applicant is in jail since 04.07.2024. It is submitted that nothing is required to be recovered or discovered from the applicant and the alleged offence is punishable upto five years only. The applicant, a Director of Xerxes HR Services Pvt. Ltd., oversees a company that provides manpower supply services to various State Government departments such as GPCB, Jilla Panchayats, the Collector Office Aravalli, and the District Education Office. The company is registered under the CGST Act. On ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t-State has opposed grant of regular bail looking to the nature and gravity of the offence. Therefore, the present application may be dismissed. 5. Learned advocate appearing for the respondent No.2 has vehemently opposed the present application stating that the applicant, as Director of Xerxes HR Services Pvt. Ltd., oversees the company's operations, and that investigations revealed the company collected approximately Rs. 8.90 Crores in taxes from government clients without remitting it to the government. This is evidenced by the company s bank accounts and confirmations from government departments confirming GST payments into its ICICI and ADC Bank accounts against taxable invoices issued by the company. By collecting but not remittin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r and standing of the accused and the circumstances which are peculiar to the accused; (v) larger interest of the public or the State and similar other considerations are required to be considered. 7. I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. Following aspects have been considered: (1) Investigation is over; (2) The offence is punishable by a maximum of five years and the offence is not punishable by life imprisonment or death penalty and no chance of flight risk. (3) The allegations against the applicant are that he caused a loss of Rs. 8.90 crore, an amount collected as GST from various firms, which he did not deposit with the Government. The procedure for the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rcumstances of the case and considering the nature of the allegations made against the applicant/s in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant/s on regular bail. Hence, the present application is allowed. The applicant/s is/are ordered to be released on regular bail in connection with FIR being F. No. GEXCOM/SAI/MISC/199/2022-SI registered at Superintendent (AE) Central GST, Gandhinagar on executing a personal bond of Rs. 25,000/- (Rupees Twenty-five Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall; (a) not take undue advantage of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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