2018 (12) TMI 225 – ALLAHABAD HIGH COURT – TMI – Issue of mandamus commanding the respondents not to arrest and harass the petitioner pursuant to the First Information Report – offence under CGST Act – Held that:- The petitioner to appear in the office of respondent no. 4 on 04.12.2018, and thereafter as and when required by the inquiry officer.
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The Investigating officer shall furnish a questionnaire to the petitioner – The petitioner would be obliged to answer the questionnaire and furnish the answers available with her.
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List on 13.02.2019. – Misc. Bench No. – 34273 of 2018 Dated:- 29-11-2018 – Ajai Lamba And Karunesh Singh Pawar JJ. For the Petitioner : Amit Jaiswal,G.S.Pandey For the Respondent : A.S.G. ORDER 1. The petitio
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sted by Shri Amit Jaiswal, has argued that the petitioner, along with her husband namely Sunil Kumar Gupta is a partner in two firms. A raid was conducted on 30.10.2018 on the business premises, Sunil Kumar Gupta, Rachin Gupta, and one Jaideep Kumar Agarwal were taken by the raiding party and their arrest was shown on 01.11.2018. 4. It has been pleaded that the arrest itself is illegal and against the law laid down by the Hon'ble Supreme Court of India. 5. It has been pleaded that the petitioner is sought to be arrested. The offence is under Central Goods and Services Tax Act, 2017. It has been argued that Section 138 of the said Act of 2017 provides for compounding of offences also. It has been argued that till date complaint has not b
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a questionnaire to the petitioner. The questionnaire be also furnished to the petitioner at her e-mail address so that subsequently, it is not disputed whether questionnaire was given or not and whether the petitioner responded or not. 10. The petitioner would be obliged to answer the questionnaire and furnish the answers available with her. 11. List on 13.02.2019. 12. Let para wise counter affidavits be filed. 13. The petitioner shall not be taken in custody, till the next date of listing. The petitioner is directed to join investigation. 14. We further direct that petitioner would be required to appear only from 10.a.m. to 4 p.m. on working days. This direction is being issued considering the fact that the petitioner is a lady. – Case
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