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Madhya Pradesh HC grants Bail accused of GST Evasion [Read Order]

Pakistani National accused - Bail - GST Evasion - GST - Taxscan

The Madhya Pradesh High Court granted bail to yet another accused of GST Evasion.

The applicant, Vijay Kumar Nair who is a Pakistani national faces an allegation that he is indulged in clandestine clearance of mouth freshener, commonly known as ‘Pan Masala’, without payment of GST.

The Counsel for the applicant claimed parity with co-accused, Amit Bothra and Ashok Daga, who have been granted bail by this Court vide order.

It was further asserted that rather the case of the petitioner is on better footing than the case of co-accused, Amit Bothra, and Ashok Daga, because all the allegations of the department of tax evasion are against their firm M/s Vishnu Essence, while the petitioner is neither a partner nor in any other way concerned or connected with the firm.

However, the Solicitor General representing the Revenue Department contended that nothing substantial could be pointed out to distinguish the case of the petitioner from the case of the co-accused Amit Bothra and Ashok Daga.

The Single Judge Bench of Justice Virendra Singh went through the documents produced before the Court as well as the statements recorded under Section 70 of the GST Act and granted the bail to the applicant.

“On due consideration of the allegation against the petitioner, evidence produced before the court to show his involvement, the act attributed to him, the part played by him in the alleged tax evasion, parity of his case with the case of the co-accused persons who have been granted bail and other facts and circumstances of the case, I deem it appropriate to allow the application. Therefore, without commenting on the merits of the case, the petition is allowed on the same terms, as is allowed in the case of co-accused Amit Bothra and Ashok Daga,” the court observed.

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