Gauhati HC rejects bail petition of petitioner accused of evasion of tax as investigation of case going on
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- Last Updated on 12 August, 2021
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Case details: Subhash Kumar Singh v. State Of Assam - [2021] 129 taxmann.com 124 (Gauhati)
Judiciary and Counsel Details
- Hitesh Kumar Sarma, J.
- Dr. A. Saraf for the Petitioner.
Facts of the Case
The petitioner was arrested on allegation of evading tax worth more than Rs. 5 crores. It filed bail application before the High Court and contended that the arrest was illegal and arbitrary. The department submitted that the investigating agency had collected materials which showed that the petitioner was originator of fake invoices, etc and direct documentary evidence was there in record about active involvement of petitioner in tax evasion. Therefore, bail should not be granted.
High Court Held
The Honorable High Court noted that as per the facts of the case, investigation of case was still continuing in order to ascertain location of godown and to examine other related witnesses. Moreover, prima facie, it was found that the evasion of tax was more than Rs. 5 crores which necessitated the arrest of the petitioner in compliance of the provision of Section 132 (1) (i) of the Assam GST Act, 2017. If the petitioner was enlarged on bail at this stage, he was more than likely to hamper the investigation and/or tamper evidence which may likely to compromise with the entire investigation. Therefore, the petitioner could not be granted bail at this stage.
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