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The IUP Journal of Law Review

Arrest and Bail Provisions Under GST Act: An Analytical Study

Article Details

Pub. Date	: April' 2023
Product Name	: The IUP Journal of Law Review
Product Type	: Article
Product Code	: IJLR020423
Author Name	: YRupak Das and D Sai Charan
Availability	: YES
Subject/Domain	: Arts & Humanities
Download Format	: PDF Format
No. of Pages	: 14

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Abstract

Taxes are the major source of revenue for a country to run its administration while upholding its sovereignty. In India, revenue is collected through direct and indirect taxes with due adherence to the laws. With a revolution in the sphere of indirect taxation in India in 2016, there came the Goods and Services Tax (GST) Act of 2017. It subsumed all the existing indirect taxes under one single umbrella, i.e., GST, with the motto of establishing a 'One Nation, One Tax' policy. The basic intention behind such reform was to make the tax burden lighter on the taxpayer by removing the cascading effect and introducing a better and easy compliance mechanism that ultimately focused on enhancing the tax base for the government. Alongside, it also incorporated provisions relating to search, seizure, arrest, and bail with regard to indirect tax evasion in the country. This paper is an analytical study of the provisions pertaining to arrest and bail with conditions precedent as specified under the GST Act and the corresponding impact so far as the implementation of the Act is concerned. The paper also draws inferences from the judicial pronouncements in this regard.

The difference between tax avoidance and tax evasion is the thickness of a prison wall.

- Denis Healey, Former Chancellor of Exchequer, United Kingdom

Introduction

The Constitution of India authorizes the Indian government to levy and collect taxes from individuals and organizations. The taxation system is the cornerstone of a nation's fiscal structure, which keeps revenue consistent, manages economic growth, and fuels developmental activity. The Union, State, and Local Bodies, which make up India's