Delhi HC allows DGGI to file a status report on alleged GST Evasion by Director of Company
October, 18th 2021
The Delhi High Court allowed the Directorate General of GST Intelligence (DGGI) to file a status report on alleged GST Evasion by the Director of the Company.
The applicant, Tarun Jain is one of the directors of M/s Jetibai Grandsons Pvt. Ltd. and has sought the anticipatory bail for offence punishable under section 132 of CGST Act, 2017. The applicant’s company was initially engaged in supply of services and later on the applicant got engaged in manufacturing and supply of solar inverters, solar power generating units etc. It is submitted that in April, 2021, the applicant stopped the manufacturing activity due to Covid- 19 pandemic and informed the department regarding the same and amended certificate issued.
Dr. G.K. Sarkar, counsel appearing on behalf of applicant submitted that the summon was issued on applicant to appear before the concerned authority. The applicant could not attend the same due to the medical condition of his mother who also happens to be one of the directors in the company of the applicant. Another summon was issued directing the respondent to appear and produce certain documents.
Mr. Sarkar contended that since the entire evidence present in the case is based on documents and therefore, his custodial interrogation is not required. It is also submitted that the other co-accused has already been enlarged on the bail.
However, the respondent vehemently opposed the bail application and submitted that in spite of the assurance given before the Division Bench of this Court, the applicant has chosen not to appear before the concerned authority.
The respondent further submits that there are several records available on record to show that the applicant is trying to influence the witness. The same facts were also recorded by the Court below while rejecting the anticipatory bail that the applicant is trying to influence the witnesses.
The single judge bench of Justice Chandra Dhari Singh while listing the matter on October 25, 2021 has given the seven days time to the respondent for filing a status report.