COMMUNITY INSIGHTS

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Publish Date

Arrest and Bail Under GST: A Statutory Overview

The Goods and Services Tax (GST) regime isn’t just about invoices and input tax credits-it also brings with it serious consequences for fraud and evasion, including the power to arrest. While the power to arrest under GST may seem unusual in a taxation law, it reflects the government’s intent to tackle tax evasion as a criminal offence in certain cases. Section 69 of the CGST Act, 2017, read with Section 132, outlines....................... Read More

24.04.2025

Penalties vs. Punishment Under GST: Where Do You Draw the Line?

Imagine this: A thriving business diligently files its GST returns, confident that everything is in order. But one misstep-perhaps an incorrect invoice or an unintentional tax shortfall-could lead to hefty fines or, in severe cases, even imprisonment. The GST framework is not just about tax collection; it’s a meticulously structured system that enforces compliance with clear-cut penalties and, in certain cases, criminal prosecution....................... Read More

13.02.2025

INSTRUCTIONS

Instruction No. Subject
Instruction No. 04/2022-23 [GST - Investigation] dt. 01.09.2022 Guidelines for Launching of Prosecution Under the Central Goods & Services Tax Act, 2017
Instruction No. 02/2022-23 [GST - Investigation] dt. 17.08.2022 Guidelines for Arrest and Bail in Relation to Offences Punishable Under the CGST Act, 2017

PRESS RELEASE

Date

Subject

23.05.2018 Press note in a case of arrest made by Central Tax, Delhi East Commissionerate

CASE LAW

Authority

One liner

2025(06)LCX0425

Delhi High Court

Sudhir Gulati

Bail once granted cannot be cancelled without cogent and overwhelming reasons.
2025(06)LCX0424

Delhi High Court

Rakesh Kumar Goyal
Bail rightly granted post-charge sheet; no ground for recall under Section 482 CrPC.
2025(05)LCX0539

Allahabad High Court

Dushyant Chaudhary
Bail granted due to prolonged pre-trial custody and weak prima facie evidence.
2025(04)LCX0425

Allahabad High Court

Praveen Kumar
Bail granted due to prolonged pre-trial custody and weak prima facie evidence.
2025(04)LCX0290

Supreme court of India

Vineet Jain
Bail should not be denied in GST-related documentary offences absent extraordinary circumstances.
2024(10)LCX0368

Orissa High Court

Ganni Ajay Dora
Order alleging liability of unpaid tax and consequent penalty is set aside for fresh consideration on the ground that assessee being unwell was prevented from prosecuting his appeal.
2024(03)LCX0274

Rajasthan High Court

Ashutosh Garg
Bail for offence u/s 132(1) (b) (c) (f) (j) (l) of the CGST Act, 2017 is not granted.
2019(02)LCX0002

Madhya Pradesh High Court

Jagdish Kanani
Bail application dismissed of accused involved in supply goods and services without invoice and vice versa involving tax evasion of more than 500 lakhs
2019(03)LCX0038

Allahabad High Court

Vikalp Jain
High Court upheld the bail condition of Rs.1 crore GST deposit, citing serious tax evasion allegations.
 
2018(09)LCX0016

Punjab & Haryana High Court

Harmeet Singh
Anticipatory bail confirmed as custodial interrogation was deemed unnecessary and petitioner had cooperated
 
2019(03)LCX0003

Punjab & Haryana High Court

Shree Enterprises &M/s Vicky Road Carrier

Goods along with vehicle detain on the unilateral presumption that the consignor is indulging in issuing tax invoices fraudulently without causing any movement of goods in violation of Section 122(1) of KGST Act
2018(12)LCX0026

Gujarat High Court

Amitkumar Hasmukhlal Takkar
Bail granted for offence punishable u/s132(1)(i) to accused running brokerage agency involved in fake invoicing
2018(12)LCX0027

Gujarat High Court

Anilbhai Jayantibhai Bhut
Bail granted as entire offence is based on presumptions and surmises
2018(10)LCX0014

Punjab Haryana High Court

Pawan Kumar
Bail granted as petitioner was in custody, trial delayed, and no further interrogation needed.
 
2019(02)LCX0020

Jharkhand High Court

Pramod Agarwal Pradeep Agarwal, Suman Agarwal, Ravi Agarwal
Central Intelligence Officer has no jurisdiction to arrest the petitioners when they appear before the Senior Intelligence Officer, on the first date itself pursuant to summons
2019(03)LCX0033

Rajasthan High Court

Leel Electricals Limited Versus
Court is not convinced by arguments advanced by petitioner, therfore notice of summon is not quashed
2019(04)LCX0007

Telangana High Court

P.V. Ramana Reddy
Bail denied; revenue interest and flight risk outweigh COVID concerns in GST evasion by foreigners.
 
2018(12)LCX0018

Jharkhand High Court

Satya Prakash Singh
Bail granted to accused for offence punishable u/s 132(1)(c) alleged to have taken benefit of Rs 30 cr
2020(06)LCX0073

Chennai High Court

A.Mohideen
Bail granted for offence u/s 132(1)(b),(c) in view of Covid-19.
2020(07)LCX0079

Rajasthan High Court

Anup Ashopa
Bail granted to CA for offence of input tax evasion on furnishing personal bond with 2 sureties.
2020(04)LCX0036

Chennai High Court

Choe Jae Won, Choi Yong Suk
Detention in Special Camp upheld as COVID-19 concerns and flight risk outweighed personal liberty.
 
2021(02)LCX0036

Gujarat High Court

Basanat Pherumal Makhija
Bail granted to person alleged in GST evasion of 9cr due to clandestine purchase of goods and disposing of manufactured goods without showing any record
2022(09)LCX0016

Allahabad High Court

Peeyush Kumar Jain
Bail granted for offence u/s 132(1)(a),(i) after furnishing a personal bond and two sureties.