#Caunity Gurgaon GST Department Arrested 2 Ca and Gave Brutal Treatment to Them. They Even Locked 50 Ca Who went there to protest. No Law followed, No opportunity of been heard given, 15 Cr GST Refund given by Department in Just 24 Hrs of Filing the application.
Ca Gave Certificate on Basis of Document. Very Well Posted By CA Atul Agrrawal Ji who Narrated the Incidence of Arrest of Two Ca At Gurgaon
It has been observed that the Powers delegated to the officials of GST are being misused by way of harassing CAs without any reason.
It has been observed that the Powers delegated to the officials of GST are being misused by way of harassing CAs without any reason.
Recent incident took place yesterday in Gurgaon wherein few Chartered Accountants have been detained by DGGI Gurgaon illegally. The basis of charge is a certificate issued by CAs under rule 89(2)(m) of CGST Rules which was used by the client for claiming refund of INR 15.00 Cr.
As per the prescribed procedure, refunds are sanctioned based on long list of documents. Besides the desired documents refunds are processed after physical verification, approval of Commissioner, Superintendent.
More important, refund of this magnitude could not be issued without approval of Principal Commissioner. In Big Refunds the verification is required to be done at the premises of the Dealer or Owner. Refund of 15 Cr processed by the department in Just 24 Hrs of the Application.
In The Arrest Memo No Valid Reasons Were Given for the Arrest.
In the normal course the refunds are either not issued or if issued it takes a long time. However, in the present case the refund of Rs.15 Crores was processed by the department
In the normal course the refunds are either not issued or if issued it takes a long time. However, in the present case the refund of Rs.15 Crores was processed by the department
within 2 days which is actually not possible without connivance between client and concerned officer. However, the respected DGGI of the GST Department has detained two CAs for more than 48 hours. They misbehaved with them, removed their clothes and treated them like criminals/
terrorists. Now they have been sent to Bhondsi Jail. The fact is that the role of a CA is limited to verification of the information from the books of accounts and the information available on the GST portal. Poor CA’s are actually not involved in these kinds of scams.
If the government officials continue considering the CAs as criminals it will be very difficult for the CAs to perform audit and assurance services.
ICAI has its own disciplinary committee. Complaints against a CA are well heard and adequate action is taken therein. Arresting and detaining professionals especially when neither the client nor the concerned officer involved has been called into action is unwarranted action.
The incident also involved the house arrest of 50 other CA which is an unjust treatment and should be looked upon.
It Appears That Ca’s Have Become the easiest Prey for the Department. Strong Protest is Required against this Action. ICAI must Do Press Conference against Such Act
It Appears That Ca’s Have Become the easiest Prey for the Department. Strong Protest is Required against this Action. ICAI must Do Press Conference against Such Act
Very Good Point Raised by Ca Puneet Aggarwal a Leading GST Expert -
This is a gross case of excesses by the department
Mere giving of OTP is being included within the ambit of arrest which is not the law at all
This is a gross case of excesses by the department
Mere giving of OTP is being included within the ambit of arrest which is not the law at all
Legality of the arrest of CAs at Gurugram. Interpretation by Adv. CA. J K Mittal 
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