State the circumstances when the proper officer can authorize 'arrest' of any person under the CGST Act.
CA Final · Indirect Tax Laws · MTP · May 2025
State the circumstances when the proper officer can authorize 'arrest' of any person under the CGST Act.
Suggested Answer and Working Notes:
(a) OR Alternative Answer (b) The Commissioner can authorize an officer to arrest a person if he has reasons to believe that the person has committed an offence attracting a punishment prescribed under section 132 (1) (a), (b), (c), (d) or section 132 (2) of the CGST Act, 2017 and the tax evaded / input tax credit wrongly availed or utilized or refund wrongly taken exceeds 2crore. This essentially means that a person can be arrested only where the tax evasion is more than 2crore and the offences are specified offences namely, making supply without any invoice; issue of invoice without any supply; amount collected as tax but not paid to the Government beyond a period of 3 months and taking input tax credit without receiving goods and services. However, the monetary limit shall not be applicable if the offences are committed again (even after being convicted earlier), i.e. repeat offender of the specified offences can be arrested irrespective of the tax amount involved in the case.
Topics: Miscellaneous Provisions, Inspection, Search, Seizure and Arrest
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