The Gujarat High Court granted bail to a person alleged of GST evasion to the tune of Rs.9 Crores on furnishing the bond of only Rs.10,000.
The applicant, Basant Perumal Makhija filed an application for a regular bail in connection with the alleged offence under Section 132(1)(a) of Central Goods and Services Tax Act, 2017.
Mr. Devang Vyas Additional Solicitor General appearing for the respondent authority stated that the applicant is the defacto owner of the company and the brother is only camouflage.
It was submitted that it is a case of total evasion of GST and disposing of manufactured goods without showing any record about its manufacturing activity and clandestine purchase of such products without paying any GST has resulted in evasion to the tune of Rs. 9 Crores and odd.
Mr. Vyas further added that before the Sessions Court, the applicant had made an offer to deposit an amount of 10% of the tax evaded and therefore, the applicant must be directed to comply with such commitment given to the trial Court.
The single judge bench of Justice A.Y. Kogje after considering the nature of the allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie, opined that this is a fit case to exercise discretion and enlarge the applicant on regular bail.
The court directed that the applicant be released on regular bail on executing a personal bond of Rs.10,000 with one surety of the like amount to the satisfaction of the trial Court and subject to the various conditions.
Firstly, the applicant shall not take undue advantage of liberty or misuse liberty.
Secondly, the applicant shall not act in a manner injurious to the interest of the prosecution and shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police.
Thirdly, the applicant must surrender passport, if any, to the Trial Court within a week and not to leave India without prior permission of the Trial Court concerned.
Fourthly, mark presence before the Investigating Officer once in a month till the investigation is going on between 11.00 a.m. and 2.00 p.m.
Lastly, furnish the present address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the Trial Court.
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