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2021 Supreme(Del) 1381

RAJNISH BHATNAGAR
Central Goods And Service Tax Delhi East – Appellant
Versus
Naval Kumar – Respondent


Advocates appeared:
Harpreet Singh, Advocate, Arunesh Sharma, Advocate, Suhani Mathur, Advocate, Harsh Sethi, Advocate

JUDGMENT

Rajnish Bhatnagar, J. - By virtue of this petition, the petitioner seeks directions thereby to set aside the order dated 24.11.2020 passed by the Ld. A.S.J., New Delhi, Patiala House Courts, in bail application No. 1795/2020 thereby, granting anticipatory bail to the respondents and consequentially cancel the same.

2. Brief facts of the case are that the petitioner (department) is investigating a case of fictitious firms engaged in generating and passing on fake input tax credit by issuing bogus invoices without actual supply of goods. It is alleged that M/s Milkfood Limited is at the center of this network and has availed huge ITC from firms that have been proved to be fictitious and non-existent during the investigation carried out by the petitioner. It is alleged that the preliminary investigations have revealed that M/s Milkfood Ltd. has availed fake ITC of Rs. 54.86 crores from M/s Maya Impex, M/s Aditya Sales, M/s Shiv Muskaan Traders and M/s Shri Nidhivan Foods which were being operated by one Sh. Ashish Aggarwal.

3. It is further alleged that M/s Milkfood Limited has also availed ITC of Rs. 30.54 Crores from M/s Devyaani Agro Industries. It is further alleged that M/s

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