GST Investigations Demands Appeals By G. Gokul Kishore
GST Investigations Demands Appeals By G. Gokul Kishore
This book provides a concise commentary & practical guidance on the past & emerging jurisprudence as per the Orders of various High Courts & Ratio of judgements on the following:
- Search, Seizure, Summons and Statements
- Arrest, Bail, Provisional Attachment, Demands, Penalty & Confiscation
The objective of this book is to sensitize both taxpayers and tax officers to their rights and obligations when:
- Investigations are undertaken;
- Records and documents are seized;
- Officials from companies are summoned, and
- Statements are recorded.
This book will be helpful for taxpayers, departmental officers, members of the bar & bench, professionals and the judiciary to appreciate the intricate points and issues arising from the implementation of the relevant provisions conferring wide powers on the officers.
The Present Publication is the 2nd Edition, amended by the Finance Act 2023 and updated till 28th April 2023. This book is authored by Dr. Gokul Kishore & R. Subhashree, with the following noteworthy features:
- [Commentary/Practical Guide] This book is intended to serve as a commentary and also a practical guide to all stakeholders on the provisions and issues emerging from various orders passed by High Courts on search, summons, arrest, bail, provisional attachment, demands, penalty and confiscation
- [Analysis of the Statutory Provisions featuring Landmark Cases & Recent Orders] Instances of the use of search and seizure powers have been increasingly visible. This book analyses the provisions along with the landmark cases on this subject and the recent orders under GST law.
- [Analysis includes the Previous & Current Regime of Indirect-taxes] While arrest and prosecution powers have been in the statute book under the pre-GST tax laws, the frequency of invocation of such powers in the GST regime is high. Various orders on bail, conditions for bail and validity of arrest passed by High Courts have been discussed to comprehend the scope, limitations and interpretation of the provisions
- [Threadbare Analysis with Established Jurisprudence & Principles Evolved over the Years] Proceedings for tax recovery commence with demand notice or show cause notice followed by an adjudication order, and the dispute is carried in an appeal if either party is aggrieved. The provisions under GST law on demands, adjudication, appeals, revision and recovery action have been subjected to threadbare analysis with the help of established jurisprudence and principles evolved over the years
The structure of the book is as follows:
- [Introduction] The first chapter provides an introduction to highlight the importance and relevance of this book in today’s context and also the jurisprudence on certain established principles laid down under pre-GST laws
- [Inspection, Search and Seizure] The second chapter on inspection, search, and seizure provides easy-to-understand commentary on various sub-sections of Section 67 of the CGST Act along with departmental instructions, FAQs, landmark judgments and orders passed by High Courts under GST
- [Summons for Attendance and Production of Documents] Process of issuance of summons to employees of companies/entities for either attendance before investigating officers for tendering statements and production of documents and records, the scope of the power, rights of taxpayers when such powers are exercised, and duties of the tax department are thoroughly discussed in the third chapter
- [Audit and Access to Business Premises] The fourth chapter deals with the audit by officers of the tax department and access to business premises of taxpayers wherein besides analysis of the provisions, the statutory requirements to be complied with by taxpayers have been briefly explained
- [Detention, Seizure and Release of Goods and Conveyances in Transit] Powers of the tax officers to detain vehicles and goods while in transit and remedies available to taxpayers for release of such detained/seized vehicles and goods form the subject of discussion in the fifth chapter
- [Demands & Adjudication] Issuance of show cause notice for demand of tax not paid or short paid or wrongly availed input tax credit and passing of order after adjudication process have been subjected to in-depth examination supported by a large body of significant judgments in the sixth chapter
- [Confiscation of Good or Conveyance and Penalty] The seventh chapter provides an essential understanding of the provisions on confiscation of goods and conveyances and penalties
- [Appeals and Revision] Remedy of appeal before the first Appellate Authority and then appeal to GST Appellate Tribunal, High Court and the Supreme Court have been elaborately elucidated in the eighth chapter for the benefit of taxpayers, tax officers and tax practitioners
- [Arrest, Bail and Prosecution] A nuanced analysis of extreme powers of arrest and criminal prosecution for specified offences along with bail provisions and compounding of offences and the principles laid down in significant judgments on the use of such powers form part of the ninth chapter
- [Provisional Attachment & Recovery of Dues] Provisional attachment of property, including bank account and various modes contemplated under the law for recovery of tax dues, have been exhaustively explained in the tenth chapter
- [Burden of Proof and Certain Procedures] Burden of proof and other provisions relevant to the subject covered in this book have been discussed in the eleventh chapter.
About the author
G. Gokul Kishore
Dr. G. Gokul Kishore is an indirect tax expert with more than 25 years of experience. He is an Advocate and advises and represents the industry on GST and Customs laws. During his association with Tier-I law firm Lakshmikumaran & Sridharan, he had guided both large and mid-size companies and service providers through legal opinions, tax compliance reviews, input tax credit reviews, GST implementation measures, pre-incorporation indirect tax advisory, exit strategy from an indirect tax perspective and anti-profiteering investigations and proceedings. He has assisted members of the industry from various sectors like iron and steel, FMCG, cement, electrical appliances, machinery, pharma, auto, project engineering, travel, real estate and education. Dr. Gokul Kishore has published over 230 articles, including research papers in print and online media like Financial Express, Taxmann, Taxindiaonline.com, VILGST, Excise Law Times, Service Tax Review, The Pioneer and academic journals. He obtained his doctorate in indirect taxation.
Subhashree is an Advocate practising direct tax and indirect tax laws. Before starting an independent practice, as part of Lakshmikumaran & Sridharan, she had represented the industry before ITAT and appellate authorities. She focuses on domestic and international taxation and has advised industry on structuring, residency, withholding obligations, FTS, royalty and applicability of DTAA. She is a regular writer on direct tax changes and significant rulings for the past 13 years. Her articles have been published in Financial Express, Taxmann and Taxindiaonline.com.