SC issues Notice to Tamil Nadu on Bail plea of Korean Nationals alleged for GST Offence

GST offense - Tamil Nadu - Korean nationals - Bail Procedure - GST anticipatory bail - Allahabad High Court - Taxscan

The Supreme Court of India issued notice to the Tamil Nadu Government returnable in two weeks on the Korean nationals alleged for Goods and Service Tax (GST) offense and were denied bail by the High Court of Madras.

The appellants, Choe Jae Won and Choi Yong Suk were the managers of a Private Limited company that had engaged in the business of car manufacturing. The complaint stated that the managers who avail from Korea have not remitted the GST collections and are confined in a Special Camp at Trichy and the claimed liability of Rs. 40 Crores.

The applicants filed a bail application in Madras High Court on the ground that the Special Camp authorities are not taking any proper measures of spraying disinfectants amid the virus spread. Thus, the petitioners had prayed to the court to be released and allowed their stay in their Kancheepuram residences until this outbreak subsided. It was also contended by the public prosecutor that the applicants had furnished wrong details such as the wrong address and in case they are released, there is a humongous risk that they will flee to Korea via borders of Nepal and China.

However, the High Court of Madras had denied the bail application of two Korean Nationals as the court feared that they might intend flight risk without the payment of Goods and Service Tax (GST) collection.

The two-judges bench consisting of Justice Rohinton Fali Nariman and Justice Indira Banerjee issued notice to the Tamil Nadu Government returnable in two weeks on the Korean nationals alleged for Goods and Service Tax (GST) offense and were denied bail by the High Court of Madras.

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