Topic
Arrest powers, anticipatory and regular bail in tax offences.
2 rulings found
Punjab & Haryana High Court
Arrest of director for alleged fraudulent ITC was upheld where supplier wise particulars contained in five page annexure effectively communicated grounds of arrest, timing discrepancy did not vitiate arrest, Magistrate had ensured legal representation and recorded satisfaction regarding compliance with safeguards and custody was justified considering serious non bailable offence and ongoing investigation
Allahabad High Court
Where competent authority had credible material and recorded adequate reasons showing necessity of arrest for proper investigation and preventing further offences or evidence tampering, arrest for ITC fraud was valid notwithstanding maximum punishment prescribed was up to five years. GST: Where grounds of arrest were duly served, competent authority recorded reasons to believe, and proceedings complied with departmental safeguards, arrest of petitioner was lawful; mere allegations of delayed supply, coercion or procedural irregularities did not warrant habeas corpus relief