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Case Law Details

Case Name : Sambhu Prasad Agarwal Vs State of West Bengal & Anr. (Supreme Court of India)
Appeal Number : Criminal Appeal No._ of 2024
Date of Judgement/Order : 16/01/2024
Related Assessment Year :
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Sambhu Prasad Agarwal Vs State of West Bengal & Anr. (Supreme Court of India)

Introduction: The Supreme Court, in the case of Sambhu Prasad Agarwal vs. State of West Bengal & Anr., granted leave to address the imposition of an additional deposit as a condition for continuing the stay in the matter. The appellant had already deposited a substantial sum, but the High Court mandated an extra amount of Rs.1,00,00,000/- for the continuation of the stay.

Detailed Analysis: The order reveals that the total outstanding dues amounted to Rs.3,47,00,000/-. The appellant had already submitted Rs.2,00,00,000/- and an additional 15% of the outstanding dues during the appeal filing. The case pertains to criminal proceedings related to tax evasion.

The Supreme Court observed that considering the nature of the case, the High Court’s directive for an additional deposit of Rs.1,00,00,000/- was unnecessary. Consequently, the Court quashed and set aside this condition, urging the High Court to evaluate the petition on its merits without insisting on the additional deposit.

This decision marks a significant development in tax evasion cases, emphasizing a balanced approach in imposing financial conditions for the continuation of stays during legal proceedings.

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