2021 (2) TMI 1049

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....of Central Tax (GST). None for applicant/accused Navneet Singh. Vide separate order, the present anticipatory bail application of the accused Navneet Singh stands dismissed. The application is disposed of accordingly. Copy of the order be given dasti to parties. Copy of the order be uploaded on the website of New Delhi District.   ORDER Vide this order, I shall decide the application u/s 438 CrPC for anticipatory bail filed on behalf of applicant/accused Navneet Singh. Brief averments of the facts as per the bail application filed is that accused is Director of SPNN Business Services Pvt Ltd. and company is engaged in the business of providing strategic recruitment support in sectors like Ecommerce, Retail, Enginee....

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.... service of summons and virtually absconding. The bail application of co accused Prateek Jha was rejected by Ld CMM on 08.02.2021 and second bail application is still pending before Ld. CMM and during investigation till date it has been found that accused company had willfully understated the declared liability and evaded the tax to the tune of Rs. 24.96 crores. The personal attendance of accused is required to unearth all the links of evasions. Ld. Sr counsel for the accused submitted that department in the reply categorically stated that till date they had not even sought of arresting the present accused however the summons were already been issued and there is all likelihood if the accused will appear that they will arrest the present....

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....ME COURT, Samrat Singh Nirula & Ors. Delhi High Court. Ld. Sr counsel submits that in Siddharam Satlingappa Mhetre's case, the Apex court has declared the case of Adri Dharan Das per incuriam. Ld Sr counsel submits that there is concrete apprehension that in case accused appeared then the department is likely to arrest him, therefore, accused be released on anticipatory bail. Ld. Sr SPP for the respondent submitted that the present application is not at all maintainable as ingredients of section 438 CrPC are not attracted. For affecting the arrest, written approval of commissioner is required and so far there is not such proposal, what to speak of the approval of commissioner/ Director General. Ld. SPP submits that till today, the re....

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.... upon P V Ramana Reddy Vs Union of India, WP No. 4764/2019 dated 18.04.2019 = 2019 (4) TMI 1320 - TELANGANA AND ANDHRA PRADESH HIGH COURT, Hon'ble High Court of Telangana) and this judgment was upheld by Apex court in its order dated 27.05.2019 in SLP No. 4430/2019 = 2019 (5) TMI 1528 - SUPREME COURT. Ld. SPP submits that the department is going legally without any abuse of power by following the law and the plea that the applicant attempt to discharge the tax liability shall be hampered his misconceived. Ld. Sr SPP further submits that mere arrest of other director is no ground to grant relief to present accused as till date there is no apprehension of his arrest and department had not even thought of arresting the accused till today. ....