The bail request made by the accused who fraudulently claimed Input Tax Credit worth Rs. 24 Crores was dismissed by the Delhi Chief Metropolitan Magistrate (CMM), presided over by Judge Snigdha Sarvaria.
The department opposed the bail request and argued that the accused had already admitted to committing the bogus ITC fraud, which involved 5 phony companies that created invoices for services that were not rendered and transferred fraudulent input tax credits totaling Rs. 24 crores of GST.
That the accused Sakil Saifi’s involvement as a key perpetrator and mastermind in the nexus of fraud ITC is clearly established by the incriminating evidence, including documents/details discovered in his mobile phone and his own admitted statement. Sakil Saifi operated fake businesses and issued goods without invoices with the sole purpose of passing on fake ITC.
The applicant arrived before the investigative agency after fleeing for more than 7 months, according to the department, and that too despite his knowledge that he had been repeatedly invited to participate in the investigation.
The applicant, however, has been in judicial custody for more than two weeks, or roughly 22 days, and the accused’s representative said that since the DGGI authorities had once more requested the applicant’s judicial remand on January 18, 2023, they did not need to question him in custody.
It is submitted that the applicant/accused has been falsely implicated in this case. That custody of the applicant is no longer required by the complainant for any kind of interrogation or investigation.
Given the apparent facts and arguments, the bench inferred that there is insufficient evidence to support the grant of bail given the preliminary nature, seriousness, and manner of the offence, the claimed role of the accused, and the fact that the matter is still under investigation.
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