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2022 Supreme(P&H) 692

AMAN CHAUDHARY
Gaurav Dhir – Appellant
Versus
Central Goods And Services Tax – Respondent


Mr.Sanjay Kaushal, Sr. Advocate with Mr.Prem Kandpal and Ms. Ojaswini, Advocates for the petitioner, for the Appellant; Mr.Sourabh Goel, Senior Standing Counsel for CBIC, for the Respondent

JUDGMENT

Aman Chaudhary, J. - The present petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in a case registered under Section 132(1)(i) read with Section 132(1)(b)(c)(e)(f) of the Central Goods and Services Tax Act, 2017.

2. Learned Senior counsel submits that the petitioner is a Chartered Accountant by qualification, who was initially registered but had subsequently given it up. In the present case, he had been paid professional fee for uploading of the refund of Input Tax Credit. The petitioner and his co-accused Sunil Mahalawat were colleagues, as such the UDIN was borrowed by the petitioner from him for uploading and issuance of the CA certificate. He, however, further submits that otherwise as per Rule 89(m) of CGST Rules, CA certificate is not required for the aforesaid purpose. He further submits that pursuant to the notice by which, the petitioner was summoned, he appeared to join the investigation on 17.5.2022 but was arrested there and then. Thereafter, he was sent to the judicial remand but no request for police remand had been sought by the respondent- Department. The recovery of laptop and other relevant documents have already

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