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2021 Supreme(Del) 250

SURESH KUMAR KAIT
Lupita Saluja – Appellant
Versus
DGGI – Respondent


Advocate Appeared:
For the Petitioner:N. Hariharan, Sr. Advocate, Shadman Ahmed Siddiqui, Sumer, Siddharth S. Yadav, Samarth K. Luthra, Abhishek Pati, Advocates.
For the Respondents:Harpreet Singh, Advocate.

JUDGMENT :

1. Present petition has been filed under section 438 Cr.P.C. seeking anticipatory bail to the petitioner in relation to the enquiry/investigation being conducted by the respondent under Central Goods & Service Tax Act, 2017.

2. The case of the prosecution against the petitioner herein is that applicant and her husband created five bogus export firms, namely, M/s Atlantic International Trading Pvt. Ltd, M/s Blue Star International Pvt. Ltd, M/s Sun Flame Trading Pvt. Ltd., M/s Blue Evolution Pvt. Ltd and M/s White Mountain Trading Pvt. Ltd. and fraudulently availed ITC of Rs.45 crores upon the strength of fake invoices providing fabricated information on E-way bill portal. On enquiry, it is found that all their suppliers were either non-existent at the declared principal place or the business address given in the GST registration. Moreover, none of the transporters have transported the good for the companies in question, however, only one transporter disclosed that he transported the goods from a warehouse to ICD TKD and not from any of the suppliers as claimed by the husband of the applicant in his statement dated 17.11.2020 recorded u/s 70 & 174 of CGST Act. The applicant

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