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Corporate News *  GST registration cancellation without reasons amounts to ‘Economic Death’ of business: Supreme Court. *  No GST refund if appeal before GSTAT is filed late: Gujarat High Court. *  Mere upload of GST notice on portal not valid service, appeal limitation won’t start: Punjab & Haryana High Court. *  Taxpayer can’t be penalised for missing notices hidden under ‘Additional Notices/Orders’: Calcutta High Court allows fresh adjudication. *  State tax officer can’t issue GST SCN beyond CBIC-assigned jurisdiction: Bombay High Court stays recovery proceedings. *  Earlier 7.5% Pre-Deposit must count towards mandatory 10% for Appeal: Uttarakhand high court quashes CESTAT Order. *  Third Parties can’t challenge GST Advance Rulings merely due to financial impact: Karnataka HC *  GST SCN generated using AI tool quashed: Punjab & Haryana High Court *  Bank Attachment Quashed as Madras HC Quashes GST Order Issued Against Deceased Person *  ITC Blocking Order for Failure to Record ‘Reason to Believe’ U/R 86A Quashed: Allahabad High Court *  Govt Extends GSTAT Appeal Filing Deadline From 30 June to July 31, 2026 *  GST Demand on RWA Stayed: Allahabad High Court Questions Taxability of Electricity Distribution to Flat Owners *  CBIC Clarifies Jurisdiction After GST Registration Transfer: Earlier Proceedings Remain Valid, New Officer to Continue Action *  GST authorities’ certification not mandatory for reimbursement, but tax payment must be proven: Karnataka HC *  Contractor can’t seek gst reimbursement through writ when contract has arbitration clause: Karnataka HC *  Unsigned Order Is No Order in Law: AP HC Quashes GST Assessment Order for Want of Officer’s Signature *  Customs Can’t Levy Rs. 1.36 Crore Cost Recovery Charges Without Proof of Full-Day Officer Deployment: CESTAT  *  12% IGST Payable On Imported Dialysis Machine Parts: CESTAT *  Bombay High Court Admits Challenge to GST Limitation Extension Notifications; Grants Protection Against Coercive Recovery *  Criminal Case Can’t Run Parallel to GST Proceedings on Same Facts: Allahabad High Court *  Allahabad High Court Stays GST Detention Order; Directs Release of Vehicle and Goods on Deposit of Rs. 1.44 Lakh *  Service Tax Can’t Be Levied on Loss-Making Contracts: Gujarat High Court *  GSTN Mandates Ship-to GSTIN in e-Invoice and e-Way Bill APIs; Introduces Voluntary e-Way Bill Closure Facility from August 1, 2026 *  GST Appeal Can’t Be Rejected as Time-Barred When Taxpayer Was Pursuing Rectification Remedy: Telangana High Court *  Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC *  Madras High Court Upholds GST Late Fee and Penalty for Non-Filing of Annual Return, Dismisses Challenge  *  GST Records, Purchase Documents Sufficient to Discharge Burden Under Customs Act: CESTAT Orders Release of 3.65 Kg Gold  *  No Sugar Cess Payable on Sugar Exported Out of India: CESTAT *  Road Construction Services Exempt and SCN Time-Barred: CESTAT Quashes Service Tax Demand Based Solely on Form 26AS  *  ITC Freeze Upheld After GST Dept Find Suppliers Were Allegedly Fake Bill-Trading Entities: Madras HC 
Subject News *  Input service benefits can’t be denied: CESTAT allows export refund despite MMTC acting as Canalising agency. *  No service tax demand without proof of service of SCN: CESTAT. *  Service tax demand quashed as dept. fails to prove service of SCN: CESTAT *  GST : Mere allegation of inadequate consideration of reply not enough to invoke writ jurisdiction: Delhi High Court *  Onerous conditions imposed for provisional release of seized imported goods shouldn’t amount to virtual denial of relief: CESTAT. *  GST SCN without alleging fraud cannot invoke sec. 74: Karnataka High Court quashes adjudication order. *  Extended Limitation Can’t Be Invoked Merely on Form 26AS Data: CESTAT *  Revenue-Sharing with Restaurants Not Taxable as Business Support Service: CESTAT *  R. 6(3) Option Can’t Be Forced on Taxpayer; CESTAT Quashes Rs. 12.36 Crore CENVAT Credit Demand *  Excise Duty | Power Consumption Alone Can’t Prove Clandestine Manufacture: Karnataka High Court *  Madras High Court Examines DGGI’s Authority to Issue GST Penalty Orders Under Section 122, Adds DGGI as Party *  Proceedings under omitted r. 96(10) can’t survive without saving clause: andhra pradesh high court quashes gst refund recovery *  Excise duty power consumption alone can’t prove clandestine manufacture: karnataka high court *  Madras high court rules GST show cause notices must disclose grounds for invoking extended limitation *  Court Can’t Direct Extension GST Return Deadlines or Waive Interest and Penalties: Karnataka High Court *  GST Notifications Can’t Go Beyond GST Council Recommendations: Madras High Court Quashes SCN on Branded Pulses *  Appeal Can’t Be Dismissed for Delay When Dept’s Own Order Mis-states Limitation Period: CESTAT *  No Evidence of KYC or Due Diligence Breach By Customs Broker: CESTAT Quashes Licence Revocation in Export Overvaluation Case *  Glucometers Are Chemical Analysis Instruments Classifiable Under Tariff Heading 9027: CESTAT *  Validity of Post-GST Service Tax Proceedings Upheld: Gujarat High Court Dismisses Challenge to S. 73 SCN *  Rectified GST Refund Applications Can’t Be Rejected as Time-Barred If Original Refund Claim Was Filed Within Limitation: Gujarat HC *  Service Tax Refund Can’t Be Denied as Time-Barred When Levy Itself Is Unconstitutional: Gujarat High Court *  Same Officer Can’t Act As Auditor & Adjudicator: Karnataka High Court *  Karnataka High Court Condones 324-Day Delay, Revives Customs Appeal in Jewellery Pilferage Case  *  Madras High Court Quashes GST Assessment Order Passed Ex Parte Despite Prior ITC Reversal; Lifts Bank Attachment *  Tobacco Process Doesn’t Amount to Manufacturing: Madras High Court Quashes Rs. 1.32 Crore Compensation Cess Demand  *  Recovery Notice Unsustainable After Voluntary Reversal of Unutilised Credit: CESTAT  *  GST | ‘System Generated’ SCN Without Officer Details Invalid: Allahabad HC  *  Electronic Records Without Statutory Certification Requirements Can’t Justify Undervaluation Allegations: CESTAT *  Madras High Court Stays GST Order, Finds Prima Facie Merit in Plea Against S. 74 Proceedings Based on S. 73 Intimation  

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GST Update No. 304 on bail granted in case of ongoing investigation proceedings

GST Update No. 304 on bail granted in case of ongoing investigation proceedings
It is well known principle that the primary objective of bail is to secure the presence of accused at the time of trial or hearing. The action of arrest is to be taken under extreme circumstances as it restricts the freedom of the accused which is the fundamental right of any citizen. It is pertinent to note here that a person should be taken into custody only if there are reasons to believe that they might flee or tamper with the evidence. However, it seems that the revenue authorities have failed to understand this concept and hence, they are not wiling to grant bails easily to the accused. Recently, on similar note, one case was reported before Gujarat High Court in the case of MUNAVVER ISMAIL MEMON V/S STATE OF GUJARAT. The decision imparted in this case is subject matter of discussion of our present update.
The applicant was arrested as on 24.03.2022 and was produced before Metropolitan Magistrate Court on the same day. The bail application filed was rejected vide orders dated 20.06.2022 and 20.07.2022. Being aggrieved by the same, this Writ application is filed. The applicant is proprietor engaged in the business of cosmetic items. The firm was under investigation based on the intelligence reports stating that the applicant was involved in tax evasion activities. It was stated that goods were supplied without issuance of invoice since a software was created by the applicant which was used for tax evasion and showcasing less sales. Further, the applicant has made unaccounted sales and kaccha invoices which were not included in the accounts. It was therefore, alleged that loss of Rs. 10.94 crores were made to the Government Exchequer.
The petitioner submitted that there is no corroborative evidence found during the course of search and therefore the allegations are based on just entries which are made on assumptions and presumptions. Further, the applicant is regular taxpayer and return filer. Therefore, transaction related to sales and purchase are uploaded on the portal. Hence, the custody of applicant is not necessary. It was argued that no show cause notice under Section 61, 73 or 74 have been issued and the applicant is wiling to deposit 10% of the amount within a period of 6 months from date of release before department. It was further argued thatconstitutional right of liberty must be protected, unless further custody of the applicant is necessary as the basic jurisprudence of bail is that bail is a rule and jail is an exception.
The counsel of respondent contended that the applicant has acted contrary to the provisions of the Act. Thus, investigation is going on and therefore, if the applicant is released on bail, the investigation would adversely affect and considering the background facts of the applicant since he can temper with the evidence and influence the witnesses.
The court refereed to the judgement delivered by the Apex Court in the case of P. CHIDAMBARAM VS. DIRECTORATE OF ENFORCEMENT, (2020) 13 SCC 791. Further, it was stated that merely raising the contention that investigation is still going on is not enough. The department should have pointed out that the further custody of the applicant is necessary. It is the right of the assessee to file an appeal against the assessment subject to the pre-deposit amount. Therefore, it was decided to release the applicant on bail subject to certain conditions and on execution of personal bond.
The above decision is a favouring decision for the trade and industry. The Court adopted a liberal approach and granted relief to the taxpayer after acknowledging the repercussions faced by the business houses. It is pertinent to note here that powers of arrest should not be invoked by the departmental officers in routine matter without having any reason to believe that the taxpayer would abscond. Merely having vague belief cannot be considered as a valid ground to compromise with the constitutional right of freedom of any person. The Government should come up with a set of guidelines in this respect to save trade and industry from the wrath of tax officers.
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