Permission to Travel Abroad Under CGST Section 132(1) Must Be Decided Within One Month to Prevent Business LossesHC directed the trial court to decide within one month the applicant's pending application for permission to travel abroad under Section 132(1) of CGST. The applicant, engaged in garment exports, had filed under Section 482 Cr.P.C. seeking expeditious disposal of their case, as delays were causing significant financial losses to their business. The court acknowledged the urgency and potential financial repercussions, disposing of the application with specific directions to address the delay. Issues:
Delay in disposal of application seeking permission to travel abroad under Section 132(1) of CGST - Applicant's export business suffering losses - Relief sought for expeditious disposal of the pending criminal case.

Analysis:
The judgment delivered by Hon'ble Ajit Singh, J., pertains to an application filed by the applicant seeking permission to travel abroad for business purposes related to exporting garments. The applicant had previously applied before the Court seeking permission under Section 132(1) of CGST, which was pending before the District & Sessions Judge, Meerut. The applicant, through the present application under Section 482 Cr.P.C., requested the Court to direct the trial court to expedite the disposal of the pending criminal case, as the delay was causing financial losses to the applicant's export business.

Upon considering the submissions made by the applicant's counsel regarding the adverse impact of the pending case on the applicant's ability to conduct business abroad, the Court acknowledged the urgency of the matter. In light of the circumstances and the potential financial repercussions on the applicant's export business, the Court decided to dispose of the application under Section 482 Cr.P.C. with a specific direction to the trial court. The direction mandated the trial court to decide the pending application (Crl. Misc. Case No. 324 of 2021) within a month from the date of production of a certified copy of the order.

The Court's decision aimed to address the applicant's concerns regarding the delay in the disposal of the application seeking permission to travel abroad. By providing a clear directive to the trial court to expedite the decision-making process within a defined timeline, the judgment sought to mitigate the adverse impact on the applicant's export business. The final disposal of the application under Section 482 Cr.P.C. with the specified direction signified the Court's recognition of the urgency and importance of resolving the pending criminal case promptly to alleviate the financial burden on the applicant's business operations. Seeking permission to travel abroad - Section 132 (1) of CGST Act - HELD THAT:- Having gone through the facts and circumstances of this matter as well as having gone to the submission made by the learned counsel for the applicant that due to non disposal of the case, the applicant is not able to move abroad and his export business is to suffer losses, this Court deems it to dispose of this application under Section 482 Cr.P.C. finally with a direction to the trial court to decide the said pending application (Crl. Misc. Case No. 324 of 2021) within a period of one month from the date of production of a certified copy of this order. The application stands disposed of finally. Amit Kumar Gupta Versus State of U.P. and Another
GST
2022 (3) TMI 680 - ALLAHABAD HIGH COURT - TMI
ALLAHABAD HIGH COURT - HC
Dated:- 7-3-2022
Application u/s 482 No. - 5003 of 2022 - -
GST
Hon'ble Ajit Singh, J. For the Applicant : Ashutosh Gupta,Rajendra Kumar Pandey For the Opposite Party : G.A.,Dileep Chandra Mathur ORDER HON'BLE AJIT SINGH, J. The learned counsel for the applicant submits that the applicant is doing the business of exporting the garments and for this purposes, he has to go abroad to contact his client and buyers. It is submitted by the learned counsel for the applicant an application was given by the applicant before the Court below seeking permission to travel abroad and the said application has been registered as Criminal Misc. Case No. 324 of 2021 under Section 132 (1) of CGST (Amit Kumar Gupta Vs. Director General of GST Intelligence, Meerut) and is lying pending before the District & Sessions Judge, Meerut. The present application under Section 482 Cr.P.C. has been filed by the applicant for issuance of a direction to the Court below to dispose of the aforesaid criminal case (seeking permission to go abroad) as expeditiously as possible preferably within a period of one month. Having gone through the facts and circumstances of this matter as well as having gone to the submission made by the learned counsel for the applicant that due to non disposal of the abovementioned case, the applicant is not able to move abroad and his export business is to suffer losses, this Court deems it to dispose of this application under Section 482 Cr.P.C. finally with a direction to the trial court to decide the said pending application (Crl. Misc. Case No. 324 of 2021) within a period of one month from the date of production of a certified copy of this order. With aforesaid observation, the application stands disposed of finally.
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