Page 11 - GSTL_18th June 2020_Vol 37_Part 3

2020 ] INDEX - 18th June, 2020 ix
Audit objection dropped initially, extended period not invocable for change
of mind in subsequent audit - See under DEMAND ............... 332
Bail - Anticipatory bail - Issuance of invoice or bill without supply of
goods/services or both and wrongful availment or utilisation of input tax
credit or refund of tax - No prima facie case against petitioner - Evident
that there was apprehension of arrest of petitioner for non-bailable
offences alleged in subject crime - Main accused being corporate body
whose financial matters were dealt by its Chief Financial Officer -
Petitioner not managing the day-to-day affairs of company - Petitioner
not directly liable to pay taxes imposed by Government from time to time
- No record to substantiate prima facie involvement of petitioner in
criminal case - Arrest and detention of petitioner would damage his
reputation - Allegations not grave and gravity of offences not so high to
deny bail to petitioner - It cannot be said that petitioner would abscond
and flee from justice - No circumstances to hold that petitioner would
indulge in tampering records and influence witnesses - Chief Financial
Officer already arrested and incriminating material also collected -
Custodial investigation of petitioner not required - Directions to
respondents to release petitioner on bail in event of his arrest, on his
executing a personal bond for a sum of ` 10,00,000 with two sureties in a
like sum each to the satisfaction of Senior Intelligence Officer - Section
438 of Code of Criminal Procedure, 1973 - Sections 70 and 132 of Central
Goods and Services Tax Act, 2017 — G. Bhaskar Rao v. Dir. General of GST
Intelligence, New Delhi (Telangana) ............................ 273
Balance-sheet showing amount as recoverable, unjust enrichment not
applicable - See under REFUND/REFUND CLAIM ............... 318
Best judgment assessment - Assessment under Section 62 of Central Goods
and Services Tax Act, 2017 can be made only when dealer fails to file
return specified in Section 39(1) ibid read with Rule 61(1) of Central
Goods and Services Tax Rules, 2017 in return in Form GSTR-3 — In Re :
Omsai Professional Detective and Security Services Pvt. Ltd. (Appellate Authority - A.P.) .... 360
— Failure to file returns on outward supplies - Best judgment assessment
should be based on taking into account of all the relevant material,
available or gathered by assessing authority - Impugned order does not
speak of any material collected by assessing authority - No enquiries
made to establish turnover assumed by assessing authority - Assessment
not bona fide - Failure on assessing authority’s part of to any reason or
basis in estimating the quantum of the outward taxable supplies - Every
litigant, who approaches assessing authority for relief entitled to know
reason for acceptance or rejection of his prayer as reasoning can be
subjected to examination at higher forums - Returns in Form GSTR-1
filed by assessee not rejectable due to lack of any additional contra
evidence, hence the turnover and tax liability disclosed through these
GSTR-1 returns to be confirmed as the real turnovers of assessee - No
attempt by CTO to gather any material to at least indicate, if not to
establish, that quantum of outward supplies declared by dealer/supplier
in Form GSTR-1 for that month incorrect and incomplete - Quantum of
outward supplies declared by dealer in such return held to be incorrect
and incomplete and inflated to 150% of declared outward supplies to
arrive at probable suppressed outward supplies for that month @ 50% -
Estimations fall foul of law if they are smacked off factors like wildness,
vindictiveness, arbitrariness, capriciousness, etc. - Best judgment
GST LAW TIMES  18th June 2020  11