ARRESTS UNDER GOODS AND SERVICES TAX (PART-2)

Who can arrest a person ?

The Commissioner can authorise through an order, any officer to arrest a person who has committed specific offences given he has reasons to believe that such persons has committed the specified offences.

Who can be arrested?

Any person committing an offence as prescribed in section 132(1) clause (i) i.e. tax evasion or wrongly availed/utilised ITC or refund wrongly taken above Rs. 500 lakhs attracting imprisonment for a term which may extend to five years and fine, or clause (ii) i.e. tax evasion or wrongly availed/utilised ITC or refund wrongly taken above Rs. 200 lakhs but upto Rs. 500 lakhs, attracting imprisonment for a term which may extend to three years and fine, or clause (iii) i.e. any offence specified in Section 132(1)(b) were amount of tax evasion or wrongly availed/utilised ITC or refund wrongly taken above Rs. 100 lakhs but upto Rs. 200 lakhs, attracting imprisonment for a term which may extend to one year and fine, or clause (iv) i.e. any offence specified in Section 132(1)(f) attracting imprisonment for a term which may extend to six months or fine or with both, or offence under section 132(2) i.e. repeated offence under section 132(1) attracting imprisonment for a term which may extend to five years and fine, can be arrested by authorised officer.

Safeguards under GST Act for arrested person

There are certain safeguards provided under section 69 for a person who is placed under arrest.

These are:

1. If a person is arrested for a cognizable offence, he must be informed in writing of the grounds of arrest and he must be produced before a magistrate within 24 hours of his arrest.
2. If a person is arrested for a non-cognizable and bailable offence, the Deputy/Assistant Commissioner of CGST/SGST can release him on bail and he will be subject to the same provisions as an officer in-charge of a police station under section 436 of the Code of Criminal Procedure, 1973; (CrPC)
3. All arrest must be in accordance with the provisions of the Code of Criminal Procedure, 1973 (CrPC) relating to arrest.

Rights of arrested person

Article 22 of the Constitution of India provides the following fundamental rights to every person:

(a) Right to be informed, as soon as may be, of the grounds for such arrest;

(b) Right to consult and to be defended by a legal practitioner of his choice;

(c) Right to be produced before the nearest Magistrate within twenty-four hours of his arrest excluding the time necessary for the journey from the place of arrest to court of Magistrate;

(d) Right to not be detained in police custody beyond the period of twenty-four hours without the authority of the Magistrate.