2025 (7) TMI 133

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....), (e), (f) and (I) read with Section 132(l)(i), 132(iv)(5) of the Central Goods and Services Tax Act, 2017. 2. Learned counsel for the petitioner submits that the petitioner has falsely been Implicated in this case. The petitioner is in custody since 04.04.2025 and charge-sheet has already been filed against the petitioner on 27.05.2025. Learned counsel for the petitioner submits that maximum punishment which can be awarded is five years. He relied upon the order dated 28.04.2025 passed by the Hon'ble Supreme Court in the matter of Vineet Jain v. Union of India [2025] 174 taxmann.com 139 (SC)/Criminal Appeal No. 2269/2025 where it was held as under: "The offences alleged against the appellant are under Clauses (c), (f) and ....

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....cing the witnesses during the course of the trial. He further submits that looking at the bulky chargesheet, the trial of the case will take considerable time, therefore, further custody of the petitioner would not serve any fruitful purpose, so, the petitioner be released on bail. 4. Learned Senior Standing Counsel have vehemently opposed the submissions made by the learned counsel for the petitioner and submit that the allegations against the petitioner is selling tyres and tyre tubes without issuing invoices/challans. He further submits that the petitioner is selling motorcycle tyres and tubes using invoices meant for cycles. He further submits that the petitioner sold tyres and tubes and prices lower than their values. Tax evasion in....

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.... punishment provided is, imprisonment which may extent to five years and fine. The petitioner has already undergone incarceration of almost two and half months and completion of trial, any event, would take some time. Further, in a case of the present nature, the evidence to be tendered by the respondent would essentially be documentary and electronic. The ocular evidence will be through official witnesses, due to which there can be no apprehension of tampering, intimidating or Influencing. The trial of the case may take considerable time. 8. Taking into consideration the Judgment of Hon'ble Supreme Court in the case of Vineet Jain (supra), the arguments advanced by the learned counsel for both the parties and overall facts and circu....