Case Law Details
Vikas Goel and another Vs Central Goods and Services Tax Commissionerate (Punjab and Haryana HC)
Petitioners denied Bail in GST Fraud Case by the High Court
Petitioners are seeking grant of regular bail in arrest made by Director General of Goods and Services Tax Intelligence, Gurugram Zonal unit u/s 69 of CGST Act. Allegations by the department is that petitioners have made bogus billing and adjusted the amount without any transportation of the goods or sale of goods etc.; that only paper transactions were done and amounts have been adjusted and wrongly claimed relief is of more than Rs. 80 crores; that officer from the office of Director General of Goods and Services Tax Intelligence visited the registered premises of M/s Sriram Industries and said premises was found closed and on enquiry from the person available in the close vicinity, it was ascertained that the said premises was closed for the last five years; that premises was controlled and used by Vinay Kumar Gupta, Director of M/s MICA Industries; that search was conducted leading to recovery and seizure of a large number of incriminating documents indicating evasion of CGST duty; that statements were recorded of Director of M/s MICA Industries and Proprietor of M/s Galaxy Metals Products; that further investigation was conducted from transporters etc.
Revenue argued that there are serious allegations against the present petitioners. They have made bogus billing and adjusted the amount without any transportation of the goods or sale of goods etc. Only paper transactions were done and amounts have been adjusted and wrongly claimed relief of more than Rs. 80 crores. It further argued that assessment proceedings are independent proceedings and have nothing to do with the complaint case.
Hon;ble High Court held that ” Keeping in view the facts and circumstances of the present case, nature and gravity of the offence and in view of the fact there were justifiable grounds to arrest the petitioners under Section 69 of the CGST Act and further in view of the fact that case involves evasion of more than `80 crores of tax under the CGST and offence is punishable with imprisonment for a period of five years and complaint is stated to have already been filed, I do not find any ground to grant benefit of regular bail to the petitioners.”
Please become a Premium member. If you are already a Premium member, login here to access the full content.
