Rajasthan HC granted interim protection against arrest


Quick Summary
The Rajasthan High Court has granted interim protection against arrest to a petitioner summoned under Section 70 of the CGST Act. The court directed the petitioner to appear before the competent authority for an inquiry in response to the summons. This protection from arrest is in place while the petitioner cooperates with the authorities.

Court :
Rajasthan HC

Brief :
The Hon'ble High Court, Rajasthan in the matter of Anil Kumar Arora v Union of India [Criminal Misc. Bail Application No. 5830/2022 dated July 25, 2022] has issued interim protection against arrest and directed the Petitioner to appear before the concerned authority in response to the summon received under Section 70 of the Central Goods and Services Tax Act, 2017 ("the CGST Act").

Citation :
Criminal Misc. Bail Application No. 5830/2022 dated July 25, 2022

The Hon'ble High Court, Rajasthan in the matter of Anil Kumar Arora v Union of India [Criminal Misc. Bail Application No. 5830/2022 dated July 25, 2022] has issued interim protection against arrest and directed the Petitioner to appear before the concerned authority in response to the summon received under Section 70 of the Central Goods and Services Tax Act, 2017 ("the CGST Act").

Facts

M/s Ritik Arora (“the Petitioner”) received summon under Section 70 of the CGST Act. The Petitioner had already been issued summons so many times but did not appear before the concerned authority apprehending his arrest.

Issue

  • What will be the consequences for not appearing before the concerned authority in response to the summon under Section 70 of the CGST Act?

Held

  • Directed, the Petitioner to join the enquiry and make himself available before the competent authority on the date given by the authority concerned and respond to the summon issued under Section 70 of the CGST Act.
  • Held that, the Petitioner shall not be arrested and granted interim protection against the arrest.

FAQ :

The Rajasthan High Court has granted interim protection against arrest to the petitioner.

The petitioner was summoned under Section 70 of the Central Goods and Services Tax Act, 2017 (CGST Act).

The petitioner is directed to join the inquiry and appear before the competent authority in response to the summons.

The petitioner had apprehension of arrest and had not appeared before the concerned authority in response to previous summons.

 



Judgement posted by

Service

FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

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