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2020 (12) TMI 264 - DSC - GSTGrant of Interim Bail - it is contended that, the applicant has been made accused for causing huge revenue loss of several crores to the department/DGGI, but not even a single penny has been released to the applicant by government and the entire theory of cheating of such a huge amount is speculative - HELD THAT:- The relaxations granted by the High Powered Committee vide the said guidelines were not to be made applicable in certain cases like cases pertaining to recovery of intermediary and large quantity of drugs under NDPS Act, cases under Sections 4 & 6 of the POCSO Act, cases of rape under different Sections as stated in the guidelines, cases of foreign nationals and also the cases under PC Act/PMLA and those investigated by CBI/ED/NIA/Special Cell Police/Crime Branch/SIFO and terror related cases under Anti-national Activities and Unlawful Activities (Prevention Act) etc. The allegations against the applicant are that she was an active director of the above company and was involved in passing and issuance of fake ITCs valuing around ₹ 274 crores and it has been alleged that against the Inward supply of ₹ 355 corers involving ITC amounting to ₹ 65 crores, they had shown Outward supply of ₹ 1560 corers attracting ITC of ₹ 274 crores. It has also been alleged that on the basis of above fake ITCs of ₹ 274 crores, certain other companies had also availed refund/adjustment of the above amount of tax in relation to their import and export transactions and thus, a huge financial loss has been caused to the department. It has also been brought to notice of this court that previously also the applicant has been involved in a case of banking fraud valuing more than ₹ 2 corers at Gurugram, Haryana, though she stated to be on bail in the said case. Application for interim bail is dismissed.
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