Bail granted can be Forfeited for Non-Compliance of Conditions: Delhi Court cancels Bail to GST Accused and Issues Warrant [Read Order]

Delhi Court - Bail - GST Accused - taxscan

The Delhi Metropolitan Magistrate, has on Tuesday issued a warrant, forfeiting the bail granted to a GST accused following his failure to comply with the conditions precedent to his bail approval. The contention of the department is that the accused was granted regular bail by the predecessor of the Court, on being found to be the point of contact for MIS NADFA Trading FZE, which received duplicated leather belts and wallets of very poor quality, from 14 firms in Delhi, all claiming excess duties of drawback and reward under RoDTEP Scheme/refund of accumulated input tax credit.

M/s Best Logistics India being identified as the transporter from Faridabad, on further investigation it was found that goods which were to be loaded from a premises in Tri Nagar, Delhi, were actually being loaded near Inder Lok Metro Station. And a search of the premises at Tri Nagar resulted in the owners statement that these low quality leather belts and wallets were sold by him to the accused in cash, without issuing any invoices and further that the actual value of these goods sold were Rs. 14 lakhs , instead of Rs.23.21 crores as was wrongly claimed by those 14 firms.

On a further investigation it was revealed that ZAM ZAM Exim Private Ltd. Muradabard SEZ ,wherein the accused is a Director, had claimed to receive supply of hand crafted artificial leather wallet and scarfs  made of manmade fiber and wooden handicrafts articles amounting o Rs.35,30,14,644/- from 06 firms during 2020- 2021 and that the said 6 firms had major supply from same firms which were part of supply of chain 20 fake/nonexistent firms that were created on paper for getting export related benefit.

However, vide an order of the CMM, PRC, NDD, the accused was granted bail subject to the condition that the accused shall always share his location with the IO by dropping his google pin on the google map , and that he shall join the investigation as and when directed by the Investigating Agency, etc.  Further it was mentioned in the order that for the breach of any of the aforesaid conditions by him, the department may approach the court for cancellation of bail.

Despite the same, the accused has now violated the aforesaid two conditions out of the six conditions imposed by the Court while granting bail, with his non appearance before SIO on the summons being issued, his failure to furnish the relevant documents, and his non cooperation in the investigation proceedings by refusing to share his location with the IO as was earlier agreed upon by him .

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