The Rajkot Sessions Court allowed the Anticipatory Bail to a person accused of wrongfully availing Input Tax Credit (ITC) worth Rs. 18.04 crores.
The applicant-accused, Mr. Rajan Himatbhai Aghara alleged fraudulent transfer of input tax credit and evasion of huge amounts of GST by procuring invoices without actual supply of goods and further to pass on the input tax credit to various mineral manufacturers in Morbi-Wankaner region. Accordingly, the investigation was carried out and on investigation and searches carried out at different places including the entities namely M/s Action Industries, M/s Himat Trading Co., M/s Martiz Cera & M/s Satyavijay Enterprise, it was found that the applicant had received and then supplied invoices without actual receipt and supply of goods resulting in the evasion of GST to the tune of Rs. 18.04 Crores.
Mr. A.N. Mehta, Counsel for the Applicant contended the present applicant-accused has not played any role in the present offense and has been falsely implicated by the Department. It is submitted that the officials were provided with the documents sought by them and the applicant has cooperated with the officials and disclosed each and every detail as required by them.
It is submitted that the case is based on documentary evidence and the necessary material and other documents have already been seized by the Department and as the applicant is not required for the purpose of investigation and is entitled to be released on anticipatory bail.
On the other hand, Advocate Mr. Y. P. Jadeja has appeared on behalf of the prosecution submitted that the offense committed by the applicant is serious in nature and the applicant has availed Input Tax Credit to the tune of Rs. 18.04 crores without actually receiving the goods on the basis of invoices raised by the firms which were not in existence and were fake thus causing a huge loss to the state exchequer. Further, a cash amount of Rs. 99,35,000/- sent by Virat Dhanjibhai Bhatiya through his brother-in-law to the father of the applicant was also recovered by the officials.
The Additional Sessions Judge, Prashant Jain ordered that the petitioner should be released on bail on furnishing a personal bond of Rs. 15,000 with a surety of like amount subject to the various conditions.
Firstly, the applicant shall cooperate with the investigation and will appear
for the investigation before the concerned Investigating/Intelligence Officer as and when required by him for the purpose of investigation and particularly on 12.07.2021 between 10:00 AM to 5:00 P.M.
Secondly, the applicant shall furnish residential address with the proof before the concerned intelligence officer of the respondent and after the filing of the complaint, before Trial Court and the applicant shall not change residential premises without prior intimation to the concerned intelligence officer or the permission of the Trial Court till the pendency of Trial.
Thirdly, the applicant shall deposit the passport with the Trial Court within a period of seven days (in case of filing of the complaint) and if the applicant did not possess the passport, an affidavit to that effect shall be filed within a period of seven days.
Fourthly, the applicant shall not tamper with the evidence or threaten the
witnesses or act in any manner prejudicial to the case of the prosecution.
Fifthly, the applicant shall deposit an amount of Rs. 32 Lakhs before the respondent department i.e. DGGI within a period of four weeks
from today.
Sixthly, the applicant shall extend every possible cooperation in the investigation required by the investigating agencies and shall appear before the investigating agencies as and when required by it.
Lastly, applicants shall not leave India without the prior permission of the Trial Court.
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