TMI Blog2023 (1) TMI 784X X X X Extracts X X X X X X X X Extracts X X X X ..... department by saying that previous case qua the arrest and investigation was upto 2019 whereas investigation in the present case was carried out for subsequent period of time. Non filing of the complaint till date, as averred by the Ld. Defence counsel, is not tenable at this stage. The present case is not a fit case to grant anticipatory bail to the applicant - The application stands dismissed. - Bail Application no. 1991/2022 - - - Dated:- 5-1-2023 - SANJAY KHANAGWAL ROSTER JUDGE ASJ02, NDD/PHC/NEW DELHI Present: Sh. Atul Tripathi, Ld. Sr. Standing counsel for DGGI with IO. Sh. Akshay Saxena, proxy for Sh. Harpreet Singh, Ld. Sr. Standing Counsel for DGGI. Sh. Pradeep Jain, Ld. Counsel for applicant. 1. Present ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as filed an affidavit denying all the allegations made against him and submitted that the figure of Rs.46.54 crores has been wrongly shown in the present matter as in the present matter, the investigation is concerning the period 2020-2021 onwards and for the said period, the tax amount qua alleged non-existent firms is Rs.28.14 crores. It is also submitted that department has included the alleged tax amount of earlier period i.e. July, 2019 to November, 2019 for which he was already arrested by GST authorities on 01.12.2019 and was thereafter granted bail from the court of Ld. CMM, NDD. Applicant has further submitted in the affidavit that he is ready to join the investigation and will cooperate with department in the on going investigatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TC which is the subject matter of the bail order dated 23.12.2019 is not included in the present proceedings, infact further investigation in this regard was carried out and it was revealed that the applicant/accused was involved in further fraudulent availment of ITC to the tune of Rs.46.54 Crores. The present bail application is also strongly opposed on the ground of previous involvement and non-cooperative behaviour of the applicant/accused. It is also submitted that further investigation is still going on and there is likelihood that more material with respect to further fraudulent availment of ITC may be unearthed. 10. On being enquired about the requirement of the arrest of the applicant and his custodial interrogation, Ld. SPP has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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