Amendments to arrest & bail procedures under CGST Act

Amendments to arrest & bail procedures under CGST Act

The Goods and Services Tax Investigation Wing’s Instruction No. 01/2025- Goods and Services Tax introduces important amendments to arrest and bail procedures under the Central Goods And Services Tax Act 2017, focusing on transparency and procedural fairness, particularly in light of recent judicial pronouncements. Below is a concise breakdown of the key updates:

Differentiating ‘Reasons for Arrest’ and ‘Grounds of Arrest’:

  • Reasons for Arrest: General factors justifying the need for an arrest, such as:
    • Preventing further offenses.
    • Avoiding tampering with evidence.
    • Precluding influence over witnesses.
  • Grounds of Arrest: Case-specific details and allegations against the individual. These must now:
    • Be clearly communicated to the arrested person.
    • Taxpayer Be provided in writing as part of the arrest memo.

Amendment to Para 4.2.1 of Instruction 02/2022-23: The grounds of arrest are to be:

    • Clearly explained and documented.
    • Provided as an annexure to the arrest memo.
    • An acknowledgement of receipt must be obtained from the arrested individual.

These steps ensure greater accountability and uphold due process during arrests under Goods And Services Tax.  The amendment stems from judicial scrutiny and significant rulings, including:

1️⃣ Delhi High Court – Kshitij Ghildiyal v. Director General of GST Intelligence, Delhi (2024):

  • Highlighted procedural lapses in arrests.
  • Emphasized the need for written communication of arrest grounds to prevent arbitrary actions.

2️⃣ Supreme Court Rulings:

  • Pankaj Bansal vs. Union of India (Supreme Court, October 3, 2023): Emphasized the need for transparency in arrest procedures and adherence to natural justice.
  • Prabir Purkayastha vs. State (NCT of Delhi) (Supreme Court, May 15, 2024): Reiterated the significance of procedural fairness to safeguard individual rights during investigations.
  • Arvind Kejriwal v. Directorate of Enforcement (2024)
    These decisions underscored the importance of safeguarding individual liberty and ensuring procedural exactitude in arrests under various laws, including the PMLA and UAPA.

The courts have consistently emphasized that failure to communicate specific grounds in writing violates fundamental rights and renders arrests arbitrary and illegal. This move strengthens procedural safeguards, aligning arrest guidelines with constitutional principles and judicial directives. It reflects the GST department’s commitment to maintaining a balance between enforcement powers and individual rights.  These amendments are likely to provide enhanced clarity, fairness, and protection to individuals under investigation while ensuring compliance with legal standards.

 

Rajput Jain & Associates

Rajput Jain & Associates is a Chartered Accountants firm, with it's headquarter situated at New Delhi (the capital of India). The firm has been set up by a group of young, enthusiastic, highly skilled and motivated professionals who have taken experience from top consulting firms and are extensively experienced in their chosen fields has providing a wide array of Accounting, Auditing, Taxation, Assurance and Business advisory services to various clients and their stakeholders. Rajput jain & Associates, a professional firm, offers its clients a full range of services, To serve better and to bring bucket of services under one roof, the firm has merged with it various Chartered Accountancy firms pioneer in diversified fields. We have associates all over India in big cities. All our offices are well equipped with latest technological support with updated reference materials. We have a large team of professionals other than our Core Team members to meet the requirements of our prospective clients including the existing ones. However, considering our commitment towards high quality services to our clients, our team keeps on growing with more and more associates having strong professional background with good exposure in the related areas of responsibility.

Recent Posts

NRI Tax Roadmap on returning to India after years abroad

🇮🇳 Returning to India? Here’s Your NRI Tax Roadmap For non-resident Indians, returning to India after years abroad is more… Read More

2 hours ago

Mandatory ITR Filing Requirement Cases for AY 2025–26

Mandatory ITR Filing Requirement Cases for the AY 2025–26: Filing your Income Tax Return (ITR) is not only a statutory… Read More

4 weeks ago

Tax Exemption & Deduction for Army Personnel AY 2025–26.

Income Tax Exemptions and Deductions for Army Personnel (AY 2025–26) Army personnel, like all salaried taxpayers, are liable to pay… Read More

4 weeks ago

Understanding PF Withdrawal vs. Pension (EPS) Claim

Understanding PF Withdrawal vs. Pension (EPS) Claim How employees often withdraw their Employees Provident Fund but ignore the Employees’ Pension… Read More

1 month ago

Challenges MSME face due to the accrual-based GST framework

Challenges MSME face due to the accrual-based GST framework. GST on accrual basis hurting MSME/ Small businesses" highlights a significant… Read More

1 month ago

Guideline for ITR Compulsory Selection for Complete Scrutiny

Guidelines for Compulsory Selection of Returns for Complete Scrutiny – FY 2025-26 The Central Board of Direct Taxes (CBDT) has… Read More

1 month ago
Call Us Enquire Now