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Bail Conditions Eased in GST Evasion Case: Bond Reduced to Rs. 10 Lakh, 50% Tax Deposit Mandated HC modified bail conditions in GST evasion case. Reduced bond requirement to Rs. 10 lakh per petitioner and ordered deposit of 50% of evaded tax amount. ...
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Bail Conditions Eased in GST Evasion Case: Bond Reduced to Rs. 10 Lakh, 50% Tax Deposit Mandated
HC modified bail conditions in GST evasion case. Reduced bond requirement to Rs. 10 lakh per petitioner and ordered deposit of 50% of evaded tax amount. Original stringent conditions were modified while maintaining core legal obligations under Central GST Act. Court balanced investigative concerns with reasonable bail terms.
Issues: Application for relaxation and/or modification and/or waiver of conditions of bail
The judgment delivered by the High Court of Calcutta pertains to an application for relaxation, modification, or waiver of bail conditions granted to the petitioner in connection with a case arising under the Central Goods and Services Tax Act, 2017. The original bail order required the petitioner to furnish a bond of Rs. 50 lakh and deposit Rs. 39 crore to the Government Exchequer. The petitioner sought relaxation, arguing that the conditions were severe and impossible to comply with. The petitioner's counsel referred to Section 158 of the Act, highlighting the provision for compounding offenses, while the Union of India's counsel pointed out Sections 49 and 74 of the Act, emphasizing the determination of tax and prosecution for criminal offenses under Section 132 of the Act.
The court acknowledged the stringent provisions of the Act and considered the investigating agency's allegations that the petitioner and another individual had evaded significant amounts of GST. In light of this, the court modified the bail condition, requiring the petitioner to deposit 50% of the evaded amount as a condition to obtain bail. Additionally, the court addressed the issue of furnishing a bond, noting the unavailability of suitable sureties in the region. Consequently, the court reduced the bond amount to Rs. 10 lakh each, to be executed by way of a personal bond by the petitioners.
In conclusion, the court disposed of the applications for relaxation and modification of bail conditions, ordering the petitioners to furnish a personal recognition bond of Rs. 10 lakh each and deposit 50% of the evaded amounts as discussed. The overall conditions for bail remained subject to the satisfaction of the learned Additional Chief Judicial Magistrate, Sealdah.
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