The Delhi High Court has granted the Anticipatory Bail to persons Accused of GST Evasion worth Rs.56 crores.
The applicant, Saurav Gupta has filed the application for Anticipatory Bail. Mr. Kanhaiya Singhal, counsel for the applicant, Saurav Gupta though disputes the amount of liability, however submits that in order to show his bona fide and without prejudice to his rights and contentions, the applicant undertakes to deposit the 10% of the liability amount with the respondent, after deducting the amount of Rs.30 lacs, in terms of the order dated 06.08.2019 passed by the Supreme Court in the case of C. Pradeep v. The Commissioner of GST and Central Excise, Selam & Anr.
The Supreme Court in the case of C. Pradeep v. The Commissioner of GST and Central Excise, Selam & Anr. in Special Leave to Appeal (Crl.) 6834/2019 prescribed the manner of deposit namely the first instalment of Rs.2 crores shall be deposited by the applicant on or before 16th August, 2021, the second instalment of Rs.2 crores shall be deposited by the applicant on or before 5th September, 2021 and the balance amount of Rs.1.30 crores shall be deposited by the applicant on or before 20th September, 2021.
Mr. Harpreet Singh, Senior Standing Counsel for the respondent, CGST submitted that the total liability in the present case is to the tune of Rs.56 crores. He, on instructions, further submits that an amount of Rs.30 lacs is lying deposited in the bank account of the applicant. The account has been frozen.
The single judge bench of Justice Manoj Kumar Ohri said that subject to the deposit of amounts, joining of investigation as and when called to do so and cooperating in the same, no coercive steps be taken against the applicant till the next date of hearing.
“It is made clear that in case the applicant renege on the undertaking given by him in Court today and fails to deposit the instalments in the aforementioned manner, the interim protection granted to him shall stand recalled automatically,” the court added.
Subscribe Taxscan Premium to view the JudgmentSupport our journalism by subscribing to Taxscan AdFree. Follow us on Telegram for quick updates.
