Case Law Details
Atul Chopra Vs. State of Rajasthan (Rajasthan High Court)
The issue under consideration is whether the bail will be granted to the assessee who was arrested for offence committed under GST?
The offence as alleged in the FIR is under section 132(1)(a) read with section 132(1)(h), (j) and (k) of the Rajasthan Goods and Services Act, 2017, the maximum sentence provided under section 132(a)(i) is five years. From the E-way bills produced with the charge-sheet, it is revealed that the total Inward supply was to the tune of Rs. 133 crores which included the import of Rs. 108 crores made by the petitioner. The total Outward supply was to the tune of Rs. 32 crores. Since the total Outward supply other than the goods imported by the petitioner is concerned is only to the tune of Rs. 25 crore. Tax on the import would become payable only after the expiry of 18 months. Tax on the remaining amount is fall below Rs. 5 crore. Deposit of Rs. 2.5 crore is already lying with the Authorities.
Hence HC directed that accused petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs. 10,00,000/-(Rupees Ten Lac only) together with two sureties in the sum of Rs. 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.
FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT
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