Case Law Details
Ramesh Goenka Vs. CBI (Gauhati High Court)
The present bail application u/s 439 has been filed on behalf of the accused petitioner Ramesh Goenka seeking his release from custody on bail in connection with CBI ACB case no.RC-0172018(A)/2005.
(2) Insofar as the case of the prosecution is concerned the Commissioner of Income Tax(Audit) with additional charge of Jorhat, Swetabh Suman, entered into a conspiracy with the income tax officer Pratap Das; Ramesh Goenka and Amit Goenka, both are advocates and Chartered Accountants at Guwahati; and Suresh Agarwalla, Director of M/s Win Power Infra Private Limited at Jorhat having office at Guwahati and Delhi, agreed to show undue favour to Suresh Agarwalla by way of passing favourable order in an appeal arising out of an assessment order in respect of one shell company of Suresh Agarwalla and in the process the said Income Tax Commissioner took process to obtain illegal gratification to the tune of Rs 40 lakh with the assistance of the said Ramesh Goenka and others named above. It is alleged that in the said process, Ramesh Goenka tried to negotiate the bribe amount with the Commissioner of Income Tax at Rs 40 lakh and the said Suresh Agarwalla also agreed to pay the said amount to Ramesh Goenka and the said amount was collected through one of the employees Pranjal Sarma of Suresh Agawalla and delivered to Ramesh Goenka and the said amount was recovered by the CBI from the possession of accused Ramesh Goenka.
(3) Learned senior counsel Mr AK Bhattacharyya appearing for accused Ramesh Goenka has contended that such recovery of Rs 40 lakh from the house of the accused cannot be a doubtful matter because of his status as a senior tax consultant having reputation in the society who himself is a heavy tax payer. In this context certain income tax return for the period 2015-17 has been referred (annexed with the record). Over and above his age and ailment(who is a diabetic patient) is prayed to be considered.
(4) I have considered submissions of learned counsel for petitioner.
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