Home      Free WhatsApp Updates      Services      GST E-Books
🔒 Login    

Work contract services provided to National Centre for Biological Sciences (NCBS) to be taxable at 18% GST and not 12% GST: Says AAR

    

CBIC tweet for consideration of GST late fee waiver for past period from Aug 2017 to Jan 2020

    

Next GST Council Meeting likely to happen on June 14

    

Principles of natural justice not followed by officer. Assessment order set aside and remitted back for redoing the assessment again on merits of case : Madras High Court

    

Bail Petition of Sh. Rajesh Arora : Rajasthan High Court

    

Retrofitted two wheelers for use of differently abled persons to be taxed as normal vehicle under HSN 87112019 @ 28% GST with ITC : Says AAR, Karnataka

    

GSTN advisory for registration of IRP/RPs on the GST Portal

    

Early hearing of SKH Sheet Metals accepted by Delhi High Court on the issue of availment of transitional credit under GST

    

Petitioner got approval from Bombay High Court to visit the office premises of Petitioner to collect records and information

    

Emaar MGF held guilty for profiteering of Rs. 13 crore upto 31st March 2019: Says NAA

    
View all
GST E-Books   
TaxReply.com - Free Tax updates for All
GST Library
GST News
About GST Library
E-Books
Subscription Plans
Offers
GST Rates Reckoner
Classification of Goods and Services
Classification of Goods and Services (Search)
Free Trial
GST Set-off Calculator
Full Site Search
GST Act / Rules
GST Act / Rules - Latest Amendments
GST Amendment Statistics
GST Notifications / Circulars Press Releases +
National Anti-Profiteering Authority
GST Case Laws (All)
↳ AAR Orders
↳ AAAR Orders
↳ NAA Orders
↳ High Court Orders
↳ Supreme Court Orders
GST Forms   
E-way Bill
↳ E-way Notifications
↳ E-way Bill News
↳ E-way Bill Rules
↳ E-way Bill FAQ
Finance Bill

Bail granted by Rajasthan High Court in the matter of GST fraud of Rs.17 crores on personal bond of Rs. 1,00,000/-

Gaurav Maheshwari vs. State - Rajasthan High Court - May 13, 2020

In the present case, police have filed charge-sheet against the petitioner Sh. Gaurav S/o Shri Sampat Lal Maheshwari under various offences that he has created bogus firms/companies and received huge amount as GST refunds for the transactions which never took place. Petitioner is in judicial custody of police since October 30, 2019. 

Mr. Dutt, learned counsel appearing for GST Department, submitted the following arguments against the petitioner.

a) That the petitioner has devoured huge amount of Rs. 17 crores by fraudulent transactions and till date only around Rs. 1 crore has been recovered in the matter.

b) That the petitioner is kingpin of the whole fraud committed by him and of creating bogus firms/companies and claiming GST Refunds for the transactions which never took place.

c) That the money withdrawn by the petitioner has been deposited in the bank accounts of his relatives and the GST Department had issued summons to them for the purpose of investigation and the same is still going on.

d) That if the petitioner is enlarged on bail, there are chances that he may influence the witness and recovery of the embezzled public money will be difficult.

Mr. Anand Purohit, learned Senior Counsel for the petitioner, submits that the petitioner is prepared to put himself to the following conditions for his release:-

a) neither the petitioner nor his wife, children, father and mother shall transfer, sell or otherwise alienate any of their moveable or immoveable properties;

b) he will surrender his passport (if any) in the Trial Court within two weeks of his release;

c) he will furnish details of all his bank accounts; and

d) petitioner will not withdraw more than Rs. 50,000/- per month from his bank accounts.

Held

Having regard to the totality of the facts and circumstances of the case and considering the undertaking offered, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. The petitioner Gaurav S/o Shri Sampat Lal Maheshwari, arrested in CR No.205/2019, Police Station Udaimandir, District Jodhpur shall be released on bail on his furnishing personal bond of Rs. 1,00,000/- and two sureties of Rs. 50,000/- each.

Read full case law


Subscribe to Complete GST Library

Posted by

TaxReply

on May 18, 2020


Post your comment here !


1254