Can Advocate be prosecuted for his professional services to Client

追加: 2026-05-28

[00:00:00]One of the interesting and important case.

[00:00:04]Whether an advocate be charged with criminal liability and FIR can be filed against him when he's undertaking professional services for his client and that too in GST.

[00:00:21]So, issue was this advocate has advised to the client for 10% pre-deposit payment.

[00:00:29]Client can make payment through e-credit ledger.

[00:00:33]Deputy Commissioner SGST Rampur was of the opinion that no he should be making payment through e-cash ledger. This was the only difference and only for this advice FIR is being filed by Deputy Commissioner SGST Rampur.

[00:00:51]This matter was before Allahabad High Court. What Allahabad High Court has said interesting, important, and it is giving protection to all professional who are undertaking professional services for their client.

[00:01:07]What the Deputy Commissioner saying he was illegally facilitating tax evasion. How come? It was only professional advice. And rightly so, if you look at Gujarat High Court in the case of Yeso Industries Limited, which was later affirmed by Honorable Supreme Court, a circular was issued and it is being stated that we can use e-credit ledger for payment of 10% pre-deposit.

[00:01:37]How this FIR is being filed? And Honorable Allahabad High Court has quashed this FIR said it is violating all principle of criminal liability. Being advocate, it is his responsibility he would be defending his client. Even Even if client is being charged with very you know serious crime like murder, rape, etc. So if this FIR is being accepted then that would be end of bar which is being created. Even the advocate right to practice under advocate act 1961.

[00:02:14]So honorable Allahabad High Court has said this FIR need to be quest otherwise it is violating article 14 and article 21 to the constitution of India. Rightly so.

[00:02:28]Home advocate home yard chartered accountant home koi bhi professional client could have service cut the end of the professional capacity maker home is my personal koi interest may hota how come department can allege get home is my koi illegal facilitation cut the end so this is a very good judgement detail newsletter given in the description box. Thanks for watching.

[00:02:51]Thank you very much.