The Commissioner of GST vs M/s Anmol Traders Pvt. Ltd. Patiyala House Court (Read Order)

Updated: Oct 22, 2020



It was alleged that the M/s Anmol Tradex Pvt. Ltd. is engaged in fraudulent availment of ITC on the invoices of such firms which apparently do not have any purchases themselves and utilizing this fraudulently availed ITC for payment of IGST on the export of goods, also termed as zero-rated supply under IGST Act, 2017.


Also, M/s Anmol Tradex Pvt. Ltd. has availed ITC of around Rs. 29 Crore, out of which Rs.25.01 Crore was availed from the companies owned or controlled by Rakesh Kumar Goyal, which were engaged in circular trading, and which were passed fraudulent ITC to various other companies also including companies owned or controlled by one Vikas Chowdhary also, in which Vikas Chowdhary is one of his accomplice.


The Counsel for applicant submitted that the accused is aged about 62 years and had undergone heart bypass surgery as far back as 2001 and is also suffering from diabetes and high blood pressure.


He further submits that and as per test undertaken, the applicant’s Hbalc is 9.396 which is considered as very high, considering that the normal level is 6.6% and all these medical conditions make the applicant more susceptible to COVID-19 virus.


It was further submitted that the wife of the accused has been diagnosed with cancer and is under treatment and since both the daughters of the applicant are married he is the only person to look after his wife.


The Chief Metropolitan Magistrate, Pawan Singh Rajawat said that accused Sudhir Gulati


admitted to bail on furnishing bail bond in the sum of Rs.1 lakh with one surety of like amount subject to the conditions that he shall join the investigation/inquiry on summons/intimation issued by the investigating officer and shall not leave the country without permission of the court. Furthermore, he shall not make any attempt to either dissuade or influence any witness or tamper with evidence in any manner whatsoever.

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