GST Evasion of Rs 869 Cr: SC Grants Bail on Deposit of Rs 200 Cr

GST Evasion of Rs 869 Cr: SC Grants Bail on Deposit of Rs 200 Cr

CA Pratibha Goyal | Mar 28, 2022 |

GST Evasion of Rs 869 Cr: SC Grants Bail on Deposit of Rs 200 Cr

GST Evasion of Rs 869 Cr: SC Grants Bail on Deposit of Rs 200 Cr

As per GST Investigation, it is alleged that Mr. Vinaykant Ameta who was one of the directors in M/s Miraj Products Private Limited is responsible for GST evasion amounting to Rs. 869 Crores.

Further, it is alleged that M/s Miraj Products Private Limited had created the fake firm for tax evasion.

When the Matter First went to Rajasthan High Court, the court refused to grant bail citing that:

It is admitted position that the M/s Miraj Products Private Limited had evaded the tax. GST department had seized the one truck which was being unloaded at their premises. Department had collected data till today, tax evasion of Rs.869 Crore. As per version of learned counsel for the petitioner, they had deposited Rs 60 Crore as a protest. In my opinion, if they had not evaded the tax, then there would have been no occasion to deposit of Rs 60 Crore as a protest. Apex Court in various pronouncement held that the economic offender should not be dealt as general offender because economic offenders run parallel economy and they are serious threat to the national economy. So, after considering the submission put-forth by learned counsel for the parties and in the facts and circumstances of the present case and also looking to the seriousness of the offence(s) alleged against the petitioner without expressing any opinion on the merits of the case, I do not consider it a fit case to enlarge the petitioner on bail under Section 439 Cr.P.C.

Click here to read the Order of the Hon’ble High Court of Rajasthan

Also in the matter of other Director of the Company Sohan Singh Rao, High Court has again has refused to grant bail. Refer: GST Evasion Worth Rs 869 Crores: High Court Refuses Bail to Director of a Company allegedly involved

The Petitioner, Mr. Vinaykant Ameta Later went to Supreme Court (SC), where the court held that:

Learned counsel for the appellant, on instructions states that after the initial deposit of Rs. 60 crores, Rs.40 more crores have been deposited totaling to Rs.100 crores.

He submits that the appellant will make arrangements to ensure that Rs.50 more crores is deposited in 12 weeks and another Rs.50 more crores within 12 weeks thereafter, totaling to Rs.200 crores.

The aforesaid undertaking on behalf of the appellant is taken on record.

Subject to the aforesaid undertaking being complied with, we grant bail to the appellant on terms and conditions to the satisfaction of the trial Court apart from what we have already stipulated.

The Order of Hon’ble SC is given below for reference:

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