CA Association Submits Representation against Commissioner CGST Gurugram for illegal detention of Chartered Accountant’s

The Chartered Accounts Association has made representation to Hon’ble Prime Minister of India regarding Complaint against Commissioner CGST Sector-32 Gurugram for wrongfully restraining & confining and illegal detention of around 60-70 Chartered Accountants as well as for manhandling by use of criminal force and thereby assaulting by officials of CGST upon the directions of Commissioner CGST.

The Copy of Representation is Given Below:

To,

Honorable Prime Minister Govt. of India New Delhi.

Respected Sir,

Sub: Complaint against Commissioner CGST Sector-32 Gurugram for wrongfully restraining & confining and illegal detention of around 60-70 Chartered Accountants as well as for manhandling by use of criminal force and thereby assaulting by officials of CGST upon the directions of Commissioner CGST.

We would like to bring to your kind notice that The Chartered Accountants Association is representing Chartered Accountants is a constituent body under the societies act. The functions of the Association include holding of talks, workshops, seminars and conferences on topics of professional interest with a view to help the members keep themselves abreast of the developments in the fast-changing scenario, to represent members before various authorities etc.

We the undersigned are engaged in the reputed profession of Chartered Accountant. We are the members of Institute of Chartered Accountants of India, which is the apex body of accountants in India, a statutory body established by the act of Parliament.

Facts of the Gurugram Arrest Case

It is important to bring to your knowledge that the CGST department for quite some time has been acting contrary to law and is performing all illegal and unlawful activities under the garb of the authority and powers assigned to them by the statute. However, the officials of the department have been continuously targeting, humiliating, and harassing the Chartered Accountants who adhere to their professional obligations to the best of their abilities at all point of time to contribute for the development of the nation.

That on 17th of May 2022, two of our colleagues namely CA Sunil Mahalawat and CA Gaurav Dhir were wrongfully detained by the CGST officials. Soon after this incidence came to the knowledge of the CA community, a sense of concern arose. In furtherance of the same, on 18th May 2022, many Chartered Accountants started approaching the CGST Department for gaining knowledge about the said incidence. On the 19th of May 2022 again since morning, Chartered Accountants continued to approach the department. On the even date, at around 5 PM, CA friends and colleagues were present at the CGST department Sector-32, Gurugram for a peaceful discussion with the commissioner of CGST i.e., Mrs. Meenu Kumarr (IRS), for raising their grievance against the officials who are without any reason and rhyme falsely implicating innocent-chartered Accountants who discharge their professional obligations without personally getting involved in any kind of shady activities.

The department has made its habits and modus operandi to falsely implicate the innocent Chartered Accountants for the acts of their clients who are masters for their own wrong. However, to our utter shock and surprise, the commissioner CGST despite being present in her good office did not even have the audacity or humbleness to at least listen to our request. lnfact, the some of the officials of the department, out of the blue, started using filthy and abusive language against the CA’s present there. They did not limit their atrocities to that but also started using criminal force against the CA’s present by indulging into hustle and pushing the CA’s thereby manhandling the CA’s present. At that point of time also they requested the officials to not use any physical force against the Chartered Accounts as they had come to restore peace and harmony, but they did not give any heed to our requests. The officials of the department under the instructions and directions of the commissioner CGST further extended their illegal act by wrongfully restraining around 60-70 Chartered Accountants within the gated premises of CGST department building by putting locks on all the entry exit gates of the said building thereby voluntarily causing obstructions so as to prevent all of them to proceed out of the said premises. The said act of all the officials of the CGST department not only amount to wrongful restraint but majorly amounts to wrongful confinement as they were not allowed to proceed beyond the boundaries of CGST Building. Thereafter, a 100 No., call was made and the police official along with SHO, SDM, ACP and media persons came to the spot. Only after their interventions, the CGST department unlocked the gates and released the Chartered Accountants after a long span of around 4 to 5 hours.

We hereby request to take appropriate legal action against all the CGST officials involved including commissioner CGST and provide protection to all the CAs as they have strong apprehension that the CGST department and its officials would perform many more illegal and unlawful arm-twisting techniques against all of them so as to create undue pressure upon them to achieve their ulterior motives.

It is further to bring your kind notice that the highest officials of the CGST department are involved in all kinds of corrupt practices including the demand of bribery. Therefore, an independent inquiry by CBI is necessary to break the syndicate working within the department.

We strongly believe that the

SATYAMEVA JAYATE shall prevail.

Request for Enquiry by CBI

Although, as it is utmost need of the hour, I take this opportunity to bring to your knowledge certain important facts which need immediate addressal which is not only in the interest of the CA fraternity but also in the interest of the country, which are as under: –

1. Siphoning of crores of rupees by the officials of CGST Gurugram as there were multiple refunds issued by the department within couple of hours without following due course process of law. All the Chartered Accountants night and day deal with department and very well understand that refund of couple of thousand takes months together for the department to clear, however, in the present case the refunds were made in haste upon the directions of highest officials of CGST Gurugram so as to secure their personal benefits.

2. On daily basis Innocent Chartered accountants are being framed and impleaded by the department so as to cover their own tracks and mislead the government of India. For becoming a Chartered Accountant, it takes hell of an effort and dedication so it cannot be presumed that any boafide Chartered Accountant would indulge in any unlawful practices for couple of dimes and put his entire career and degree on stake. We the Chartered Accountants tender our professional services only to our clients. Moreover, the department are forcing the entire onus only upon us.

There is also a need to have an inquiry by an independent investigating agency preferably C.B.I. in the aforementioned matter so that true facts could come before the country and real culprits should get punishment.

For Official Representation Download PDF Given Below: