SAURABH JINDAL S/O SHRI SATYENDRA KUMAR & ORS v. UNION OF INDIA & ORS – RAJASTHAN HIGH COURT
High Court, Rajasthan
Narendra Singh Dhaddha, Justice
SAURABH JINDAL S/O SHRI SATYENDRA KUMAR & ORS
v.
UNION OF INDIA & ORS
S.B. CRL. MISC. BAIL APPLICATION No. 14791, 14792/2022 dated 16.12.2022
Law : GST
Act Name : Central Goods & Services Tax Act, 2017
Decision : Partly in favour of assessee
Seeking grant of bail – availment of fraudulent input tax credit -The case of the Petitioner is that, the petitioners had not created fake firms. Main accused Dipanshu Gupta was enlarged on bail by the Co-ordinate Bench of this Court, who had availed the input tax credit. Learned counsel for the petitioners also submits that offence against the petitioners is triable by Magistrate, compoundable and having maximum punishment of 5 years. Conclusion of trial may take long time. Learned counsel for the petitioners also submits that no show cause notices have been given to the petitioners. So, petitioners be enlarged on bail. – Held That – It is an admitted position that petitioners had evaded the tax and got the benefit of input tax credit of Rs. 11.30 Crores. Hon’ble Apex Court while granting the bail to Vinay Kant Ameta directed to him to deposit Rs. 200 Crores. Considering the contentions put-forth by the counsel for the petitioners and taking into account the facts and circumstances of the case and without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioners on bail with a condition to deposit Rs. 2 Crores each by the petitioners before the respondent Department as under protest. The bail applications under Section 439 Cr.P.C. are allowed and it is ordered that the accused-petitioners Saurabh Jindal S/o Shri Satyendra Kumar and Yashik Jindal S/o Shri Mahadev Jindal shall be enlarged on bail provided each of them furnishes a personal bond in the sum of Rs. 50,000/- with two sureties of Rs. 25,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so.
Represented By:
Counsel for the Petitioner: Sudhir Jain, Advocate & D. P. Sharma, Advocate
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