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2024 Supreme(All) 259

MOHD. FAIZ ALAM KHAN
Deepanshu Srivastava – Appellant
Versus
Union Of India Thru. Deptt. Of Revenue Directorate, GST Intelligence Lko. Zonal Unit – Respondent


Advocates Appeared:
For the Applicant : Shivanshu Goswami, Mukesh Kumar Tewari, Purnendu Chakravarty.
For the Opposite Party : Digvijay Nath Dubey, Dipak Seth.

JUDGMENT :

1. Heard Shri Satish Chandra Mishra, learned Senior Counsel assisted by Shri Purnendu Chakravarty and Shri Mukesh Kumar Tewari, learned counsels for the applicant and Shri Dipak Seth, learned counsel appearing on behalf of Union of India and perused the record.

2. This bail application has been moved by the accused-applicant-Deepanshu Srivastava for grant of bail in Case Crime No. 316 of 2024, under Section 132 of Central Goods and Services Tax Act, 2017, Police Station DGGI, Lucknow Zonal Unit, District Lucknow, during trial.

3. Learned Senior Counsel appearing for the accused-applicant while pressing the bail application submits that the applicant has been falsely implicated in this case and without any sufficient reasons and basis and without assessing any tax liability the applicant has been arrested and detained in prison since 02.02.2024.

4. While drawing the attention of this Court on Sections 69, 73, 74 and 79 as well as Section 62 of the Central Goods and Services Tax Act, it is vehemently submitted that at first the department is required to assess the tax liability to be paid by an assesse and it is only thereafter any proceeding under Section 69 of the Central G

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