The Patiala House Court has in its recent order refused to grant anticipatory bail to a person accused of GST evasion by claiming inadmissible ITC to the tune of Rs.500 Crores.
The applicant, Mukul Mittal has been alleged of engaging himself in floating firms only on paper and has issued invoices involving inadmissible ITC of more than Rs.500 crores without actual involvement of goods.
The applicant had preferred an anticipatory bail which was listed for hearing wherein ASJ directed the department to file a fresh comprehensive report on the next date of hearing.
Thereafter matter was proceeded and now the matter is fixed for December 21, 2020 and till date no comprehensive report has been filed in Court which was a prerequisite for taking any coercive action against the applicant.
It is submitted that the applicant was called for investigation and he was arrested in disregard of direction given in order.
The applicant continuously joined the investigation earlier and 10 disobeyed the mandate of Section 41(A) Cr.P.C.
It is submitted that Ankur Mittal was being shown as the main beneficiary of the alleged irregularity by the officials of DGGI while opposing his bail application who was arrested and was released on bail.
The court noted that the allegations against applicant that he is involved in illegal transfer of ITC worth Rs. 500 crores and his role has been specifically detailed by his brother Ankur Mittal and Udit Goyal in their respective statements.
Patiala House Court while dismissing the application held that releasing the accused on bail at this juncture would certainly jeopardize the ongoing investigation which involves huge amounts and possibly a long paper trail.
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