TaxTMI 
TaxTMI 
2021 (2) TMI 559
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....iled on behalf of the applicants/petitioners for grant of anticipatory bail. 2. According to the petitioners, they are engaged in the sale and purchase of non ferrous metals and duly registered with the Registrar of Companies. 3. On 27.06.2018, officers of Directorate General of Goods & Services Tax Intelligence searched the premises of the petitioners, thereafter, according to the petitioners the respondent issued summons which were duly complied with by the petitioners. The respondent according to the petitioners without informing the petitioners attached the bank account(s) of the petitioners U/s 83 of the Goods and Services Tax Act 2017 on 07.08.2020. The bank of the petitioners informed them about blocking of debit transactions o....
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....of their business. He further submitted that the co-accused has already been released on bail. He further submitted that no show cause notice has been issued and no final assessment has taken place. It is further submitted by the counsel for the petitioners that the petitioners have been co-operating in the investigation and have already deposited Rs. 2.5 crores which is more than 10% of the liability of Rs. 22.42 Crores and they are further ready to join the investigation as and when directed. 6. The Ld. counsel for the petitioners has relied upon M/s. Jayachandran Alloys (P) Ltd. vs. The Superintendent of GST and Central Excise and Ors. in Writ Petition No.5501/2019 and WMP No.6251/2019 more specifically para 36, which is as under: ....
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....istributor distributes credit in contravention of the provisions contained in Section 20 resulting in excess distribution of credit to one or more recipients, the excess credit so distributed shall be recovered from such recipients along with interest, and the provisions of Section 73 or Section 74, as the case may be, shall, mutatis mutandis, apply for determination of amount to be recovered." 7. The same law is followed by the Gujarat High Court in Vimal Yashwantgiri Goswami vs. State of Gujarat in R/Special Civil Application No.13679/2019 decided on 07.08.2019 as well as the Punjab and Haryana High Court in in CWP No.24195 of 2019(O&M) in Akhil Krishan Maggu & Anr. vs. Deputy Director, Directorate General of GST Intelligence & Ors. de....
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....e Court. Subject to the above, notice returnable within three weeks. Dasti, in addition, is permitted. For a period of one week, no coercive action be taken against the petitioner in connection with the alleged offence and the interim protection will continue upon production of receipt in the Registry about the deposit made with the Department within one week from today, until the disposal of this Special Leave Petition." 9. Issue Notice. 10. Mr. Harpreet Singh, Ld. Senior Standing Counsel for the respondent alongwith S.I.O. appears on advance notice, accepts notice. 11. It is submitted by the Ld. Senior Standing Counsel that the petitioners are evading the summons and not joining the investigation. He further submitted th....