The ACJM, Gurugram has rejected the bail applications filed by two Chartered Accountants in the recent GST refund fraud case.
Chartered Accountants have called for a protest against the malicious arrest of two chartered accountants detained by DGGI, Gurgaon CGST Department for 48 hours on grounds of their alleged involvement in giving unjust enrichment certificate in a GST refund matter.
The GST department has responded to the alleged illegal detention after three days and stated that the two were arrested and remanded to judicial custody for 14 days in connection with a scam amounting to Rs. 20 crores.
Accordingly, a bail application has been filed before the ACJM, Gurugram to release the Chartered Accountants on bail.
As per the Department, the Applicant voluntarily joined the investigation on Summon being issued to him on 17.05.2022 and it is also not the case of the Department that the Applicant did not cooperate in the investigation or evaded any Summons.
Advocate Mr. Harsh Sethi argued that not even a single document bears the genuine signature of the Applicant, rather, it is the case of the Department in the Remand Application dated 19.05.2022 that accused Gaurav Dhir is the main accused and Gaurav Dhir has only forged the signatures of the Applicant Sunil Mehlawat on the alleged documents and therefore, as such the Applicant appears to be the victim rather than accused.
It was further argued that the section 132 of the CGST Act, 2017 provides a maximum punishment of only 5 Years can be imposed, and therefore, on account of the Applicant cooperating and voluntarily joining the investigation, there was no reason to Arrest the Applicant as per the settled guidelines of the Hon’ble Supreme Court of India in Arnesh Kumar Vs State of Bihar.
Harsh Sethi Vipin Gupta Dinesh Kumar Dakoria Anant Nigam Advocates.
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