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TMI Blog2023 (1) TMI 784X X X X Extracts X X X X X X X X Extracts X X X X ..... estigation. 3. In terms of submissions made on last date of hearing, Ld. SPP has filed the Status Report in a sealed envelope and submitted that applicant is enjoying the fruits of interim order and not cooperating in the investigation. It is submitted that applicant has not provided the requisite information despite repeated requests. 4. Arguments heard on merits on the bail application and as per the facts of the present case, DGGI Meerut, Zonal Unit has initiated investigation against M/s Brilliant Metals Pvt. Limited and M/s progressive Alloys India Pvt. Limited as to the availment of illegible Input Tax Credit (ITC) to the tune of Rs.46.54 Crores during the financial year 2020-2021 and 2021-2022 on the basis of invoices issued by var ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mitted that applicant has already joined the investigation in compliance of the directions of this court on 04.12.2022 which is also reflected in the order-sheet dated 12.12.2022. 7. In support of his submissions, Ld. Defence counsel has placed reliance upon the judgment in the matter of Tarun Jain v. DGGI Bail application no. 3771/2021 decided on 26.11.2021, Saurav Gupta v. CGST (Delhi East) Bail Application no. 2815.2021 decided on 02.08.2021 and 23.09.2021 and Lupita Saluja v. DGGI & Anr Bail Application no. 319/2021 decided on 11.02.2021. 8. In response to the affidavit of applicant and the arguments advanced on behalf of applicant, vide status report, the department has submitted that applicant has been noncooperative towards the inv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eged against the applicant who is not cooperating in the investigations also. The previous involvement of the accused in similar type of offences is also brought to the notice although which has not been denied by the applicant but submitted that the present case only deals with respect to the said period only for which he has already been granted bail. It has been contradicted by the 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. 11. Therefore, considering the facts and circumstances, role of the applicant ..... X X X X Extracts X X X X X X X X Extracts X X X X
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