Memorandum and complaint against Commissioner, CGST Sector 32, Gurugram for wrongfully restraining, confining, assaulting and illegal detention of around 60-70 Chartered Accountants.
To,
Shri Narendraji Modi Sb
Hon’ble Prime Minister of India,
South Block,
New Delhi.
Sub- Memorandum and complaint against Commissioner, CGST Sector 32, Gurugram for wrongfully restraining, confining, assaulting and illegal detention of around 60-70 Chartered Accountants.
Most Respected Sir,
We, Chartered accountants are the members of “The Institute of Chartered Accountants of India”, a statutory body established in 1949 under an Act of Parliament. Your honor has also praised the professionals by worthy words that our services contributed a vital role in India’s progress. The “Chartered Accountants: Partners in National Development”- these words of acknowledgment and recognition used by our visionary former President of India Dr. A.P.J.Abdulkalam.A famous business entrepreneur Ratan Tata has made a statement that “I need MBAs for running my business but Chartered Accountants to teach them how to run the business.”
We, approximately 2.82 lacs Chartered Accountants have played a major role in successful implementation of GST in the country and also in monthly GST collection of 1.68 LakhCrore. We, the Chartered Accountants, always believe in fundamental principles of Integrity, Objectivity, responsibility and Confidentiality and execute our compliance related work honestly and according to law.
In the very recent past on 17.05.2022, two Chartered Accountants, CA. Sunil Mahalawat and CA. GauravDhirwere were called in for questioning by the CGST Office, Gurugram and they were allegedly harassed and detained at the office and arrest memo under section 69 of the Central Goods and Service Tax Act 2017 was issued on next day i.e. 18.05.2022 by Superintendant with the permission of Commissioner.
This pertains to a case, containing factsthat a online Refund Application of Rs 15 Crore is filed on 27.04.2022 at 19.06 pm and same was approved and sanctioned at 20.53 pm i.e. within an hour of application, while it usually takes months to clear claim of few lakhs. For issue of said refund these Chartered Accountants had issued a certificate as required for claim of refund, said certificate was issued on the basis of examination of books, relevant records, GST Return maintained and submitted by applicant, which is limited to the extent of incidence of tax & interest has not been passed on to any other person. The applicant Companies who received allegedly fraudulently ITC and the CGST Officials who approved the claims haven’t been touched by the any of the department and the CAs who have issued mere a certificate on the basis of books were being made scapegoats.
That certificate is not the sole basis for issuance of refund, rather, the department has an elaborate process involving physical verification and scrutiny before approval of the claims.Whereas, in that case, the officersinvolved there have allowed Refund without verifying the documents within minutes.
Further, at around 5 pm on 19.05.2022, Our Regional Council members from NIRC and other CAs went to CGST office for a peaceful discussion on the matter with the Commissioner of CGST, Gurugram. But, the officials who are without any reason and rhyme, falsely implicating innocent chartered accountants who discharged their professional obligation without personally getting involved any kind of shady activities. Commissioner of CGST, Gurugram was in office but not met to Chartered Accountants. The officials used unwarranted force by indulging in to hustle and pushing the CAs thereby manhandling. Then, the officials of CGST department under the instructions and directions of Commissioner CGST, further extended their illegal act by wrongfully restraining around 60-70 Chartered Accountants within the gated premises of department building by putting lock on all the entry exit gates. After Phone calls, police and media person came to spot and only after their intervention, the CGST department unlocked the gates and CAs were released after long span of 4-5 hours. It is showing super autocratic behavior of the department who claims to be taxpayer friendly.
Refund claim was applied through GST portal and claim was filed by Company owner through OTP or Digital Signature. CAs have a very limited role. Our Institute has a 5 members Disciplinary Committee including members nominated by Government. If a CA is found guilty of fraud, he can be suspended or membership can be terminated.
Every mistake by revenue is human error and every mistake by CA is treated as an intentional tool of evasion and fraud. Whereas, we are the partners in Nation Building not Partner in Crime, so, we strongly demand to take legal action against the CGST authorities involved in whole episode as well as misbehaving and illegal detention of our CA Members. We want Justice for CAs.
We demand an enquiry by an independent investigation agency preferably C.B.I.in the aforesaid matter so that truth facts could come before the country and real culprits should get punishment.
SatyamevaJayate, truth alone triumphs.
COPY TO-
Hon’ble Finance Minister, Government of India
Respected Chairman, Central Board of Indirect Taxes & Customs
FOR UDAIPUR BRANCH OF CIRC OF ICAI
& Co., Chartered Accountants, Pune.
