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MR. ASHOK KUMAR AND MRS. SHEELA vs. COMMISSIONER CGST & CENTRAL EXCISE AND OTHER
(Bombay High Court)

Hon'ble Judges:

SANDEEP K. SHINDE
Pet. Counsel
Ashok Saraogi
Res. Counsel
Jitendra Mishra
Anamika Malhotra

Petitioner / Applicant

MR. ASHOK KUMAR AND MRS. SHEELA
Respondent COMMISSIONER CGST & CENTRAL EXCISE AND OTHER
Court Bombay High Court
State

Maharashtra

Date Aug 18, 2020
Order No.

LD/VC/ABA NO. 319 OF 2020

Citation

2020(8) TAXREPLY 3413
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ORDER

1. Heard Counsel for the parties. 2. Perused file/notings produced by the Commissioner of CGST (Central Excise) Navi Mumbai, Commissioner-VIII. 3. Apprehending the arrest on accusation of having committed a non-bailable offence in terms of Section 132(1)(b) and (c) read with Section 132(5) of the Central Goods and Services Tax Act, 2017 (“CGST Act” for short), applicants are seeking directions under Section 438 of the Criminal Procedure Code, that in the event of their arrest they shall be released on bail. 4. FACTS OF THE CASE : (A) Applicants, who are partners of M/s. Sheela Sales Corporation, a ‘registered person’, within the meaning of Section 2(94) of the CGST Act is engaged in the business of trading. Applicant no.1 is husband of applicant no.2. Respondent no.1 is officer for the purposes of the said Act. Applicant no.1 would claim that applicant no.2 (his wife) being dormant partner, does not participate in the business of the firm....

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