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The Supreme Court addressed a batch of petitions (279) challenging the powers of arrest under the Customs Act and the CGST Act, alongside the constitutional validity of certain provisions, particularly Sections 69 and 70 of the CGST Act.
The anti-evasion wing of CGST arrested two persons on Wednesday in connection with a fraudulent claim of Input tax credit (ITC). The companies were engaged in paper trading to cheat the department by claiming fraudulent ITC.
The Supreme Court on Thursday introduced necessary safeguards against coercive measures, including arrests, under the Central Goods and Services Tax (CGST) Act and the Customs Act, adding that authorities require to establish “reasons to believe” before initiating proceedings.
The Learned CJM in the case of CGST vs Mr. Yogesh Gupta declared the arrest by the GST officer illegal as the ground of arrest not informed in a proper manner and merely a formality was done by the prosecution by providing grounds of arrest in writing. The Court noted that the prosecution was under obligation to comply with the provisions of Section 41, 41A of the Cr.PC /Section 35 of the BNSS Act before arresting the accused but the same has not been complied and as such, arrest of accused cannot be termed as legal.
The Greater Chennai Police on Saturday said they arrested two men pretending to be I-T and GST officials who allegedly cheated a jeweller of Rs 40 lakh by assuring him they could procure gold bullion from banks at cheaper rates.
GST officers will now have to explain to offenders about the “grounds of arrest” and obtain a written acknowledgement from them, the CBIC said on Monday. Modifying the guidelines for arrest and bail in relation to offences punishable under the GST Act, the CBIC said: “The grounds of arrest must be explained to the arrested person and also furnished to him in writing as an Annexure to the Arrest Memo. Acknowledgement of the same should be taken from the arrested person at the time of service of the Arrest Memo.”
Two men have been arrested for allegedly committing a Goods and Services Tax (GST) fraud worth approximately Rs 100 crore by creating a shell company, police said on Saturday.
Bombay High Court (HC) has issued contempt notices to two state tax officials who allegedly unlawfully arrested a businessman in a Rs. 9.5 cr GST fraud case. The state tax authorities arrested the businessman on Dec 20 despite issuing him summons a day earlier, asking him to be present on Dec 30 to record his statement.
CBI today arrested CGST Inspector of Tirupati GST Commissionerate alongwith representative of a Chittoor based private firm for demanding and accepting Rs. 3.2 lakh as bribe from accused representative of the said private firm.
The anti-corruption vigilance wing of Odisha Police arrested an assistant commercial tax officer (ACTO) and two other persons on charge of financial fraud of over Rs 4 crore, officials said Friday.