ArticleGST Article

Deposit of tax during search or investigation cannot be treated as ‘voluntary payment’

The Hon’ble Bombay High Court in the case of Modern Traders held that where a taxpayer alleges that tax was deposited during search or investigation due to coercion, the department is obligated to examine the complaint in terms of Clause 5 of the Central Government instructions dated May 25, 2022, and such payment made during investigation cannot automatically be treated as voluntary.