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Do the Authorities have the power to ARREST prior to adjudication.

Nowadays we continuously are getting information that so and so person is arrested due to the fake invoice/fraudulent ITC etc.

QUESTION before the Hon’ble Court does they have the power to ARREST prior to adjudication.

Although there are judgments in this regards wherein it is settled that arrest cannot be done unless the amount is determined and adjudication is done. But the department proceeds for arrest without determining the amount involved. This has caused fear and terror in the mind of taxpayers (i am talking about genuine taxpayers).

One such incident of search happened and we proceeded before the Hon’ble Gujarat Highcourt so as to get the direction for respondents of not taking any coercive action as we are cooperating in the investigation.

*I am happy to share Hon’ble Gujarat Highcourt* though has not gone into the merits of the case but had issued the notice to respondents and also has directed not to take any coercive action against petitioner provided petitioner cooperated in investigation proceedings. This is a big relief.

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Do the Authorities have the power to ARREST prior to adjudication.

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Profile photo of Avinash Poddar Avinash Poddar

Ahemdabad, India

Avinash Poddar, currently practicing as a lawyer, as a Law Graduate, a fellow member of Institute of Chartered Accountants of India, Certified Financial Planner, Microsoft Certified Professional and DISA (Diploma in Information Systems Audit) from ICAI. He has also completed various certificate courses of ICAI such as Arbitration, Forensic Accounting and Fraud Detection, Valuation, IFRS, Indirect Taxes. He has also completed post-graduate diploma is Cyber Crime (PGCCL).

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