The Institute of Chartered Accountants of India (ICAI), Faridabad branch of NIRC, has written a letter to the GST Commissioner condemning the action of the GST department taking revenge on the Chartered Accountants fraternity.
Facts of the case:-
This is in pursuance of a recent incident where a Chartered Accountant was allegedly helping a firm to evade GST using a dummy company. In pursuance of an investigation into fake invoices of Rs. 47.22 crores (duty involvement of Rs. 10.33 crores) issued by an M/s. F2C Wellness Pvt. Ltd., the team of officers of CGST Commissionerate, Fandabad alleged that the department found evidence that appeared to link CA Shri Tushar Jain as one of the key conspirators cum facilitators for Shri Vinod Bhati, the suspected mastermind in the case.
Interpretation of law & Conclusion:-
In a recent press release issued by the GST department, Faridabad, citing the above scam, reiterated that honest taxpayers and Chartered Accountants will not face any difficulties in the future in their interactions with the department. In response to the above press release, the ICAI wrote a letter to the GST Commissioner stating that the members of the Profession are the soft target of the GST Department
“It has been observed that whenever there is any factual or probable incident of tax evasion /forgery etc. Members of our profession are soft targets of specified officers Of your department merely on basis of absurd funny excuses such as member helped the GST Registrant in getting his GST Registration such as just because Professional assisted his Client / GST Registrant in obtaining GST Registration or assisting his client with GST related Consultancy and compliance he himself is responsible for each and every action and conduct of his client,” the letter said.
“It is very disturbing to derive that Whenever a Member of Profession raises his grievances in connection with issues faced while dealing with concerned officers in course of discharge of his professional duties than instead of taking any corrective action concerned officers goes offensive and humiliates the members for raising his issues with higher authorities,” the letter said.
The letter further stated that “Recently Our member Tushar Jain was humiliated and harassed by specified officers of your department without his any direct or indirect involvement in anything wrong on his part. Not only abusive language was used for him and the Profession but instead of taking any corrective action specified officers of your department raided his office and residence on 30th July 2021 without any evidence against him with the sole intention of giving him a lesson for raising his voice against the wrongdoing of specified officers. Further same officers who were alleged for humiliating and harassing him carried such search / raided at his office and residence which is apparently against Principle of natural Justice and independence.”