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P&H HC Directs Decision on GST Fraud Complaint Within One Month

Case Law Details

TaxGuru Citation
2026 taxguru.in 6880
Case Name
Rajesh Kumar Vs State of Punjab and others (Punjab and Haryana High Court)
Date of Judgement/Order
Only available for paid members
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Rajesh Kumar Vs State of Punjab and others (Punjab and Haryana High Court)

The Punjab and Haryana High Court disposed of a petition seeking directions against a private respondent for alleged offences including cheating, forgery, falsification of records, fraudulent manipulation of GST records, and criminal misappropriation of GST amounts allegedly collected from the petitioner. The petitioner also sought a fair investigation in accordance with law.

During the proceedings, counsel for the petitioner informed the Court that a representation dated 06.11.2025 had already been submitted before respondent No.5 and requested that directions be issued for its consideration within a stipulated period.

Taking note of this submission and the appearance of the State through its counsel, the Court directed respondent No.5 to decide the petitioner’s representation (Annexure P-7) by passing a speaking order within one month from the receipt of a copy of the Court’s order. The Court clarified that it had not expressed any opinion on the merits of the allegations contained in the representation. Respondent No.5 was granted liberty to independently assess the contents of the representation and take a decision in accordance with law.

FULL TEXT OF THE JUDGMENT/ORDER OF PUNJAB AND HARYANA HIGH COURT

1. The instant petition has been filed by the petitioner for directions to the respondent Nos.1 to 4 to take appropriate action against respondent No.7 for the commission of offence of cheating, forgery, falsification of record, fraudulent manipulation of GST record and criminal misappropriation of GST amount collected from the petitioner and to conduct fair investigation in accordance with law.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 20,002

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