Courtroom rejects Bail Utility of two Chartered Accountants

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Gurugram - GST refund - Fraud Case - Court - Bail Application - Chartered Accountants - Taxscan

The ACJM, Gurugram has rejected the bail purposes filed by two Chartered Accountants within the current GST refund fraud case.

Chartered Accountants have known as for a protest in opposition to the malicious arrest of two chartered accountants detained by DGGI, Gurgaon CGST Division for 48 hours on grounds of their alleged involvement in giving unjust enrichment certificates in a GST refund matter.

The GST division has responded to the alleged unlawful detention after three days and said that the 2 have been arrested and remanded to judicial custody for 14 days in reference to a rip-off amounting to Rs. 20 crores.

Accordingly, a bail software has been filed earlier than the ACJM, Gurugram to launch the Chartered Accountants on bail.

As per the Division, the Applicant voluntarily joined the investigation on Summon being issued to him on 17.05.2022 and it’s also not the case of the Division that the Applicant didn’t cooperate within the investigation or evaded any Summons.

Advocate Mr. Harsh Sethi argued that not even a single doc bears the real signature of the Applicant, reasonably, it’s the case of the Division within the Remand Utility dated 19.05.2022 that accused Gaurav Dhir is the primary accused and Gaurav Dhir has solely solid the signatures of the Applicant Sunil Mehlawat on the alleged paperwork and due to this fact, as such the Applicant seems to be the sufferer reasonably than accused.

It was additional argued that the part 132 of the CGST Act, 2017 gives a most punishment of solely 5 Years might be imposed, and due to this fact, on account of the Applicant cooperating and voluntarily becoming a member of the investigation, there was no motive to Arrest the Applicant as per the settled pointers of the Hon’ble Supreme Courtroom of India in Arnesh Kumar Vs State of Bihar.

Harsh Sethi Vipin Gupta Dinesh Kumar Dakoria Anant Nigam Advocates.

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