Discuss in brief the precautions to be observed while issuing summons under the GST law. OR Under the GST law who can order for carrying out…
CA Final · Indirect Tax Laws · PYQS · November 2024
Discuss in brief the precautions to be observed while issuing summons under the GST law. OR Under the GST law who can order for carrying out inspection and under what circumstances?
Suggested Answer and Working Notes:
(a) The following precautions should generally be observed when summoning a person: - A summon should not be issued for appearance where it is not justified. The power to summon can be exercised only when there is an inquiry being undertaken and the attendance of the person is considered necessary.Repeated summons should be avoided. As far as practicable, the statement of the accused/ witness should be recorded in minimum number of appearances.The time of appearance given in the summons should be respected. No person should be made to wait for long hours before his statement is recorded unless decided as a matter of strategy.Statements should preferably be recorded during office hours; however, an exception could be made regarding the time and place of recording statement having regard to the facts in the case. (b) Alternative Answer Inspection can be carried out upon a written authorization given by an officer of the rank of Joint Commissioner or above. A Joint Commissioner or an officer higher in rank can give such authorization only if he has reasons to believe that the person concerned has done one of the following to evade tax: i. suppressed any transaction of supply; ii. suppressed stock of goods in hand; iii. claimed excess input tax credit; iv. contravened any provision of the CGST Act to evade tax; v. a transporter or an owner/operator of a warehouse/godown/any other place has kept goods which have escaped payment of tax or has kept his accounts or goods in a manner that is likely to cause evasion of tax.
Topics: Inspection, Search, Seizure and Arrest
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