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RAHUL AGRAWAL   23 January 2022

Gst registration on fake document

Today I intimated the local police station officer in Barpali, Odisha regarding registration of a complaint case against a individual who took a GSTIN registration certificate from Central Government of India under GST act in the year 2017 but the police station did not accept the case and adviced that I can't register the case.

As a civilian what are my rights?

The matter of fact was that a GST registration certificate was taken by that individual by giving a NOC of a person who died in 2008 but in the NOC declaration he was alive in the year 2017 and the noc was signed by the death person.

The same Land was recorded under my name was also mentioned in the complainant letter.

According to the law what are my rights and should the police station officer register a complaint case for creating a forge document and cheating the Government department and obtaining a License.

Can anyone explain the law point in this matter.

Regards
Thanking you
Rahul Kumar Agrawal


 2 Replies

Kishor Mehta (CEO)     24 January 2022

Approach the GST Authorities with the details

 

Anaita Vas   25 January 2022

There are several consequences if a police officer refuses to file an FIR.

Police personnel who fail to register a FIR in cognizable cases may suffer a variety of punishments as a result of their negligence. If the concerned authorities do not take any action after the offended has exhausted all of the above-mentioned administrative and legal remedies, the complainant can pursue the following options.

You may file a writ petition in the appropriate High Court seeking the issuance of a Writ of Mandamus against the negligent police officers, after which the Court will order them to explain why they failed to file the report.

Another option for you is to file a Writ Petition in the appropriate High Court to seek damages, if the failure to file the report resulted in the denial of your right to life and personal liberty as protected by Article 21 of our Constitution.

Furthermore, our country's criminal law addresses this heinous act, which is all too common these days. A public servant who refuses to collect information is punished under Section 166A of the Indian Penal Code. Sub-section (3) of the section states that refusal on the part of a public official to record any information u/s 154(1) of the Cr.P.C. in connection to the crimes u/s 326A, 326B, 354, 354B, 370, 370A, 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB, 376E, or 509 of the IPC will be punished.

 

Regards,

Anaita Vas

 


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