Delhi Sessions Court granted bail to the Accountant who helped the proprietor of the company to commit Goods and Services Tax (GST) Fraud availing Input Tax Credit (ITC) claim worth 79.06 Crores.
The actuality is that from April 2017 to June 2018, the accused Rakesh worked as an accountant for M/s S.K. Plastics and was paid 20,000 for his competence. According to the proposal, he is only a modestly paid specialist who handles small-scale accounting and finance. Due to some GST fraud allegations, he was arrested on 7th february 2023 and is in judicial custody.
The counsel of the bail applicant/accused/Rakesh stated there is no absolute evidence with the department and thus no prima facie case. Further asserted that there is no FIR or complaint filed, hence the custody is illegal. Thus prayed to grant the bail.
Added that he has no criminal history and would never attempt to tamper with the evidence. Moreover, he cooperated with the investigation very well.
On the other hand, the respondent’s counsel contended that the bail should be denied because the accused is the owner of the mobile number listed in the company’s GSTIN. Additionally, he gave the owner access to the OTP (One Time Password), which enabled him to file GST returns and resulted in a huge ITC fraud of about 79.06 crores.
Also, said that they had found the accused to be the mastermind of significant tax evasion with a strong likelihood of tampering with the evidence.
The court determined that keeping the accused behind prison would not have any positive results. The bail was subsequently granted by the bench with conditions and a personal bond of 1,00,000 with one surety.
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