Case Law Details
Commissioner of Central Tax, GST Delhi (West) Vs Rajesh Jindal (CGST Delhi)
As already noted, not only there are serious allegations against the accused/ respondent of his having made fictitious sales of value of more than Rs. 200 crores and having consequently caused loss to the government of the GST evasion / wrongful availment of input tax credit of the value of more than Rs. 27 Crores, it is also alleged that the accused/ respondent had indulged in the act of threatening the witnesses who were otherwise coming forward to give their statement to the department / petitioner as to how the bogus firms were created and how their documents were misused. There are, thus, merits in the application of the applicant/petitioner seeking cancellation of bail of the accused/respondent. The application is accordingly allowed and the order granting bail to the accused/respondent is hereby set aside.
FULL TEXT OF THE ORDER / JUDGMENT OF PATIALA HOUSE COURT
1. By this order,I shall decide the application / petition preferred by the applicant / petitioner Commissioner of Central Tax, GST, Delhi (West) seeking cancellation of bail as granted to the accused/ respondent Rajesh Jindal by the Ld. CMM, PHC, New Delhi vide order dated 01.08.2018.
2. Case of the petitioner as per the petition is that accused/ respondent alongwith co-accused Adesh Jain was arrested by the officials of the petitioner on 01.08.2018 and was produced before the Ld. CMM the very same day. Since the Ld. CMM was not available, the respondent/accused and the co-accused were produced before the Ld. Link Magistrate. On the remand application preferred against them, the Ld. Link MM admitted the accused/respondent on bail and remanded the co-accused Adesh Jain to judicial custody till 02.08.2018.
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