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August 6, 2021

Representation from ICAI making serious allegations Harrasment & Revenge by GST department

by CA Shivam Jaiswal in GST

Representation from ICAI making serious allegations Harrasment & Revenge by GST department

THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA
(A Statutory body set up by an Act of Parliament)
FARIDABAD BRANCH OF NIRC

Dated: 03.08.2021

To,

The Commissioner CGST,
CGO Complex, NH-IV Block-8,
NIT Faridabad — 121001

Sub : Memorandum of Members and Professionals Grievances

Respected Madam,

This is with reference to our yesterday’s meeting in your office with brief of members and professionals grievances in discharging their professional duties and assignments connected with GST office. Following are the particulars of major issues and atrocities faced by our member:-

1. Members of 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 target 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. Further specified officers of your office treated our member / Professional alike with that of a culprit Client who is alleged of GST Tax evasion as if such evasion is done and carried by Professional himself. As a matter of fact it is not correct to assume the Professional in tune with that of Culprit just because he assisted his client within the frame Work of his professional duties.

In a recent incident your office has targeted our member CA Tushar Jain as main Culprit and Entry operator without any substance and fault of him just because he performed his professional duty of assisting his Client in GST Registration and Consultancy.

2. Revenge Taking Attitude of GST officers

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, e.g.

(a) 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 Profession but instead of taking any corrective action specified officers of your department raided at his office and residence on 30th July, 2021 without any evidence against him with sole intention of giving him a lesson for raising his voice against wrong doing 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.

(b) Vide its Press release dated 31st day of July, 2021, your department has defamed the reputation of our above stated member by stating him as master mind of the alleged scam without any substance and evidence.

3. Disgraceful attitude and disrespect for Profession and Professional Issues

Member of Profession are extended arm and backbone of your department assisting the govt in GST related statutory Compliance. However the way your office treats our Professionals and Professional body is very disappointing. Faridabad Branch of NIRC of ICAI has written an Application for a meeting with higher authorities of your Faridabad office on 7th day of July, 2021 with written acknowledgement thereof. However even after approximately a month since date of said Application Faridabad branch has not received time from your office till date to apprise the higher authorities with members and Professional grievances.

Yours Sincerely,
For Faridabad Branch of NIRC of ICAI

CA Jitender Chawla
Branch Chairman

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