‘Can’t harass people’, SC seeks details of notices and arrests under GST Act

The Supreme Court has sought from the Center details of notices issued and arrests under the provisions of Goods and Services Tax (GST). Along with this, the court said that it can interpret the law and give appropriate guidelines to protect citizens from any oppression that deprives them of liberty.

A special bench of Justice Sanjiv Khanna, Justice MM Sundaresh and Justice Bela M Trivedi expressed concern over the ambiguity in Section 69 of the GST, which deals with powers of arrest. The bench is hearing 281 petitions challenging various provisions of the GST Act, Customs Act and Prevention of Money Laundering Act (PMLA). The bench said that if needed, it will interpret the law to strengthen freedom, but will not allow citizens to suffer.

Supreme Court asks for data of GST notices and arrests from the government
Additional Solicitor General SV Raju, appearing for the Supreme Court, was told, ‘You should present the data of notices issued and arrests for alleged defaults of Rs 1 crore to Rs 5 crore under the GST Act in the last three years. People can be harassed and we will not allow it. If we feel there is any ambiguity in the provision, we will correct it. Second, people cannot be sent to jail in all cases.

The petition accused officials of misuse of powers
Senior advocate Siddharth Luthra, appearing for some petitioners, raised the issue of alleged misuse of powers by officials under the GST regime and said this was curtailing the freedom of individuals. After this the bench asked to present the figures. During the hearing on Thursday (May 3), Luthra said that sometimes arrests are not made, but people are harassed by issuing notices and threatening arrest.

Supreme Court will hear on May 9
ASG Raju said that he will collect data regarding notices issued and arrests made under the Central GST law, but it is difficult to collect such information related to states. The bench said, ‘We want all the data. The GST Council will have that data. If the data is available, we want it in front of us. The next hearing in the case will be held on May 9. Additional Solicitor General Raju said that on the next hearing day he will try to answer the questions of the bench.

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