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Bail granted by Delhi high court in case of fraudulently availed ITC

Section 132 of the CGST Act, 2017— Bail -- The petitioner sought anticipatory bail in relation to the enquiry/investigation being conducted under the Act. The respondent submitted that the petitioner and her husband has created five bogus export firms and fraudulently availed ITC of Rs. 45 crores upon the strength of fake invoices. All their suppliers were either non-existent. She is not cooperating in the investigation and since the day of arrest of her husband, she is absconding. The petitioner counsel submitted that the after receiving goods from the suppliers, the Company has made export of crores of rupees. Thus, it is totally misconceived that the suppliers have only provided invoices to the Companies of the applicant without any supply of goods. The court observed that the suppliers have supplied goods to the Companies, which have been further exported by the Companies to the buyer, moreover, payments received by the Companies from their foreign buyers are further transferred to account of the suppliers. Therefore, it is wholly misconceived that the suppliers are non-existent. Her husband has been granted regular bail, who is involved in day to day affairs of the company. The applicant and her husband were called for investigation on 10.12.2020 and their statements were duly recorded. Husband of the applicant was arrested but applicant was released on the same day. The applicant was never called upon to join the investigation in about 1 year, but called first time when they challenged the entire investigation before this Court. Held that:-The Hon’ble Court directed the Arresting Officer that in the event of arrest, the petitioner/applicant shall be released on her furnishing a personal bond in the sum Rs. 25,000/-. The petitioner shall cooperate with the investigation and make herself available for interrogation.
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