Case Law Details
Rakesh Kumar Khandelwal Vs Union of India (Rajasthan High Court)
Petitioner has placed before the Court various Tax Invoices and e-Way Bills through which purchases have been made by the firm and the record of the Department from which it is revealed that Firms were in existence. As per Rules 25 of the GST Rules, it is incumbent upon the Department to verify that the Firms/Companies which are registered are actually in existence.
Considering the contentions put forth by counsel for the petitioner also taking note of the fact that the partners of the firm have been granted protection by the Apex Court and petitioner is in custody from 28.08.2019; the total amount which as per Department is wrongly claimed after deposit of Rs.3.33 Crores is less than Rs.5 Crore, I deem it proper to allow the bail application.
This 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 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 court below 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.
Petitioner is also directed to deposit the passport with the learned Court below and will not leave the country without seeking prior permission of the Trial Court.
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