• About us
  • Contact us
  • Our team
  • Terms of Service
Tuesday, March 10, 2026
Kashmir Images - Latest News Update
Epaper
  • TOP NEWS
  • CITY & TOWNS
  • LOCAL
  • BUSINESS
  • NATION
  • WORLD
  • SPORTS
  • OPINION
    • EDITORIAL
    • ON HERITAGE
    • CREATIVE BEATS
    • INTERALIA
    • WIDE ANGLE
    • OTHER VIEW
    • ART SPACE
  • Photo Gallery
  • CARTOON
  • EPAPER
No Result
View All Result
Kashmir Images - Latest News Update
No Result
View All Result
Home BUSINESS

Not necessary to make arrest in all GST cases, says SC

Press Trust of india by Press Trust of india
May 15, 2024
in BUSINESS
A A
0
FacebookTwitterWhatsapp

New Delhi: The Supreme Court on Wednesday told the Centre that there is no need for making arrests in all Goods and Services Tax (GST) cases and that it can be done only if there is credible evidence and tangible material to prove culpability.

A bench of Justices Sanjiv Khanna, MM Sundresh and Bela M Trivedi, which reserved its verdict on a batch of pleas challenging the constitutional validity and interpretation of provisions relating to the Customs Act and Goods and Services Tax Act, said the power of arrest is different from necessity of arrest.

More News

Need to accelerate process of linking India’s education sector to real world economy: PM Modi

US urged India to buy Russian oil already at sea to ease supply fears: Energy Secy

Budget session of Parliament to resume from Monday

Load More

“The legislation does not say that for completion of investigation you need to be arrested. It is not the object of the legislation. It is not necessary for you to arrest in each and every case of GST. It has to be based on some credible evidence and tangible material,” the bench told Additional Solicitor General SV Raju.

The bench, which posed several questions to Raju on provisions of arrest under the GST law, said the legislation has itself kept liberty on a high pedestal and it should not be diluted.

Raju said arrests are mostly made during the investigation as there can be no arrest after the probe in a case has been completed.

“The arrest is not based on mere suspicion but when there are reasons to believe indicating commission of some grave offence,” he said, adding that reasons to believe cannot be on strict interpretation of commission of offence.

“Adjudication must precede arrest,” the bench said, adding that it will examine the question of “reason to believe” and “grounds of arrest” under the Customs Act and the GST Act.

The top court said while there were instances of high-handedness by the GST authorities, there were also cases of wrong-doing on the part of tax payers, and it will take into account all these aspects when giving its decision.

The petitioners who have challenged various provisions of the Customs Act and the GST Act have alleged gross misuse of arrest provisions under both the laws. They have caimed they are being threatened and coerced to pay liability without following the due procedure under the laws.

Section 69 of the GST Act deals with the powers of arrest, while section 104 of the Customs Act of 1962 allows an officer to arrest someone if they have reason to believe the person has committed an offence.

On May 9, the top court had told the Centre that any arrest under the GST Act should not be on mere suspicion but based on cogent material and in adherence to proper procedure.

It had said the material upon which an arrest is made should be verifiable by a magistrate.

The court had earlier directed the Centre to not use “threat and coercion” during search and seizure operations against traders for recovery of GST and instead persuade them to clear the dues voluntarily.

On May 2, the top court had asked the Centre to furnish details about the issuance of notices and arrests effected under the provisions of the GST Act, saying it may interpret the law and lay down appropriate guidelines to avoid harassment of citizens by depriving them of their liberty.

It voiced concern over the “ambiguity” in section 69 of the GST Act that deals with the powers of arrest.

The top court had said it would interpret the law to “strengthen” the concept of liberty

Previous Post

NIA chargesheets 10th accused in Jammu drone arms dropping case

Next Post

Exports up 1% to USD 35 bn in April; trade deficit widens to 4-month high at USD 19.1 bn

Press Trust of india

Press Trust of india

Related Posts

Need to accelerate process of linking India’s education sector to real world economy: PM Modi

   PM Modi pitches for ‘swadeshi’ goods
March 9, 2026

New Delhi:  Prime Minister Narendra Modi on Monday called for accelerating the process of linking the country's education sector to...

Read moreDetails

US urged India to buy Russian oil already at sea to ease supply fears: Energy Secy

Iran Crisis: No immediate oil disruption for India; Russia pivot possible if conflict drags on
March 9, 2026

New York/Washington: The US has urged India to buy Russian oil already floating at sea and redirect it to Indian...

Read moreDetails

Budget session of Parliament to resume from Monday

Parliament’s winter session ends amid deepening political animosity
March 8, 2026

New Delhi: The second half of the Budget session of Parliament is set for a stormy start on Monday, with...

Read moreDetails

India taps alternative crude supplies as Iran conflict drags on

Iran Crisis: No immediate oil disruption for India; Russia pivot possible if conflict drags on
March 8, 2026

New Delhi:  Indian refiners have begun negotiating for additional crude cargoes from the US, Russia and West Africa to ensure...

Read moreDetails

Sufficient fertilisers now, but problems may arise if West Asia conflict prolongs: Official

Saloora, Wani join PDP along with hundreds of supporters
March 8, 2026

Kochi (Kerala):  India currently has sufficient availability of fertilisers, but prolonged conflict in West Asia could pose problems, said a...

Read moreDetails

Citizens bearing consequences of PM’s foreign policy ‘failures’, says Cong on LPG price hike

March 8, 2026

New Delhi:  The Congress on Saturday attacked the government over the rise in prices of domestic LPG cylinders and asked...

Read moreDetails
Next Post

Exports up 1% to USD 35 bn in April; trade deficit widens to 4-month high at USD 19.1 bn

  • About us
  • Contact us
  • Our team
  • Terms of Service
E-Mailus: kashmirimages123@gmail.com

© 2025 Kashmir Images - Designed by GITS.

No Result
View All Result
  • TOP NEWS
  • CITY & TOWNS
  • LOCAL
  • BUSINESS
  • NATION
  • WORLD
  • SPORTS
  • OPINION
    • EDITORIAL
    • ON HERITAGE
    • CREATIVE BEATS
    • INTERALIA
    • WIDE ANGLE
    • OTHER VIEW
    • ART SPACE
  • Photo Gallery
  • CARTOON
  • EPAPER

© 2025 Kashmir Images - Designed by GITS.