TaxTMI 
TaxTMI 
2025 (11) TMI 63
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....ars for the applicant submits that applicant herein is the original complainant and respondent no.1 is the original accused person. As certain acts and actions of the respondent no.1 are found to be illegal and as he has not complied with the statutory provisions in accordance with law, and by doing so he has profited huge volume of amount and Government Exchequer has to suffer loss, and therefore, FIR has been registered against him on 02.09.2024. Pursuance to which investigation commenced, and he was apprehended, and then after he preferred bail application before this Hon'ble court. The said bail application was entertained by this Hon'ble. During the course of hearing, it was brought to the notice of co- ordinate bench of this court that the accused had already deposited 60 lakhs and was also ready and agreeable to deposit 10% of the outstanding bill before the office and an undertaking to that effect is also filed before this Hon'ble court to deposit Rs. 90 lakhs within a period of 7 days. Learned advocate Ms. Vyas further submits that based upon the undertaking filed by the respondent no.1/accused, Hon'ble court has entertained the bail application of the resp....
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....vehemently objected the present application and emphatically submitted that he has filed detailed reply to object the present application. Along with the reply, he has also produced certain documents which crystallized the position of fact that immediately within reasonable period of time the said amount had already been credited by the respondent no.1 herein in the Electronic Government Ledger and to fortify his claim he has also appended those documents along with reply. He has referred certain entries and submitted that from the account of the respondent no.1 total Rs. 90 lakhs has been withdrawn on 01.11.2024, and those amounts have been withdrawn through cheque, the said amount has been debited from the account of the present applicant and credited in the account of the Government out of which Rs.45 lakhs had gone into the portal of the CGST and rest of Rs.45 lakhs had gone into the portal of the SGST. He has produced the copy of the receipt and payment challans duly affixed by the competent Government authority and submitted that the respondent no.1 herein has scrupulously followed the terms and conditions imposed by this Hon'ble court within reasonable period and said fa....
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....] 164 taxmann.com 2 (Gujarat), and submitted that in the said decision Division Bench of our High Court has already crystallized the position of law that the amount deposited by the party by generating challan will get credited into the account of the Government immediately upon deposit and later on the same shall be adjusted against tax payable as per the Return filed by debiting the Electronic Cash Ledger, and therefore, the tax liability of the registered person will be discharged to the extent of the deposit made to the Government. He further submits that respondent herein has fully complied with the terms and conditions in scrupulous manner and said fact is clearly found out from the documents available on record. The amount is already debited from the account of the present applicant and amount is credited into the portal of the Electronic Ledger, and therefore, there is no merit in the application, and the application is required to be dismissed in limine at the threshold. 5. Having heard the learned advocates for the respective parties and having gone through the material available on record including the impugned order, what appears is that cancellation of bail is sough....
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....turn by debit in the electronic cash ledger as per the scheme of the CGST Act and therefore, the question of payment of interest would not arise for the period from the date of deposit of the amount in the electronic cash ledger by the petitioner till the date of filing of the return. As per the provisions of the Act, the amount deposited by the petitioner by generating Challan will get credited to the account of the Government immediately upon deposit and later on the same shall be adjusted against the tax payable as per the return filed by debiting the electronic cash ledger and therefore, the tax liability of the registered person will be discharged to the extent of the deposit made to the Government. As per the Scheme of the Government, it is only for the purpose of accounting that the debit in electronic cash ledger will be made at the time of filing of the return otherwise the amounts get credited to the account of the Government immediately upon the deposit. Therefore, once the amount deposited by the petitioner is credited to the account of the Government, the tax liability of such registered person stands discharged on the said date subject to setting off by debit in elect....