The Delhi Court refused to grant Anticipatory Bail to a person accused of fraudulently availing ITC and committed fraud to the tune of Rs. 45 Crores.
The applicant, Sourav Gupta filed the application of anticipatory bail on the grounds that LOC was issued against the present applicant intentionally by the department to put pressure upon him despite knowing the fact that no service of summons has been effected upon him, and therefore their action by the department shows their malafide intention to falsely implicate him the priment case.
The allegations against the present applicant are serious in nature whereby inputs have been claimed on the basis of forged and fabricated documents in violation of the law of the land. 28 fictitious companies seem to have been floated by the accused persons merely to give design to their illegal purpose. As is indicated by the investigation officer the said 28 fictitious companies have been floated simply to avail the tax benefit fraudulently. Most of them have either stopped their functioning or GST number has been cancelled by the department for non-compliance of the provisions.
The court dismissed the application of the Anticipatory bail on the grounds that the entire act of applicant indicates forgery and cheating on his part, based on false, fabricated and forged documents wherein the ITC of Rs. 45 Crores has been claimed by floating 28 fictitious companies.
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