The Punjab and Haryana High Court granted the grants bail to persons accused of flouting bogus firms and showing fake billings and transactions to draw GST refunds.
The petitioner, Balwinder Singh along with co-accused was found to have indulged themselves in evasion of the State Tax to the Govt., by flouting bogus firms and showing fake billings and transactions in order to draw the refund of the GST payment, and thereby had caused a loss to the tune of Rs.8.95 crore to the State Government.
Mr. J.S.Bedi, Advocate, for the petitioner contended that petitioner had falsely been implicated in the present case inasmuch as the e-mail Id and phone number as updated with the respondent-department, do not belong to him. In fact, the petitioner opened a firm in the name and style of M/s Suvidha Enterprises and also obtained GST number from the respondent, but the said firm had been used by Prince Dhiman, who happens to be the son of his sister-in-law and adopted by him. The petitioner was not aware about the business transactions of the said firm maintained or looked after by Prince Dhiman. The petitioner had never transacted any business from the said firm and it was Prince Dhiman, who used to make all the transactions, if any, related to sales and purchase, as recorded on the on-line portal with the respondent. The petitioner had no role to play in the alleged offences.
The single bench of Justice Harnaresh Singh Gill held that no useful purpose would be served by keeping the petitioner behind the bars. Thus, the present petition is allowed and the petitioner is ordered to be on regular bail on execution of adequate personal/surety bonds amounting to Rs.5 lakh to the satisfaction of concerned trial Court/Duty Magistrate. The petitioner would surrender his passport, if any, before the concerned Court and will not leave India without prior permission of the Court.
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