Rajasthan HC directs assessee to appear before GST Authorities and allowed interim protection against arrest

[CA Bimal Jain]

The Hon’ble Rajasthan High Court in RITIK ARORA S/O ANIL KUMAR ARORA, VERSUS UNION OF INDIA THROUGH DEPARTMENT OF GST - 2022 (8) TMI 396 - RAJASTHAN HIGH COURT directed the assessee to appear before the Revenue department in response to the summon issued under Section 70 of the Central Goods and Services Tax Act, 2017 (“the CGST Act”).

Facts:

Mr. Ritik Arora (“the Petitioner”), has received summon under Section 70 of the CGST Act which have already been issued to the Petitioner for so many times by the Revenue Department (“the Respondent”).

The Respondent contended that, the Petitioner has been directed to appear personally, however, the Petitioner did not appear before the Respondent, therefore, there is apprehension of arrest of the Petitioner.

Issue:

Whether the Petitioner shall be arrested if he failed to appear despite service of summons?

Held:

The Hon’ble Rajasthan High Court in RITIK ARORA S/O ANIL KUMAR ARORA, VERSUS UNION OF INDIA THROUGH DEPARTMENT OF GST - 2022 (8) TMI 396 - RAJASTHAN HIGH COURT, has held under:

• That the Petitioner is directed to join the enquiry and make himself available before the Respondent on the date given by the Respondent and respond the summon issued under Section 70 of the CGST Act. After appearance of the Petitioner, the Respondent will act as per law.
• Recently GST Investigation wing has issued detailed guidelines to field officers on issuing summons and provision of arrest and bail under the CGST Act.

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