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Primary grievance and apprehension of petitioner is arrest under section 69 of the Central Goods and Services Tax Act, 2017.

Section 69 of the CGST Act, 2017 – Arrest – The petitioners had a grievance and apprehension about the arrest at the hands of respondent under section 69 of the Act, 2017. The respondent counsel submitted that a few officials of the company have been arrested and are in judicial custody on the allegation that petitioner had committed the offence of availing ineligible ITC to the extent of Rs. 9,04,89,054.00 by using fake invoices i.e. without actual supply of goods or services. He submitted that out of the alleged ITC of more than Rs. 9 crores, petitioner has deposited Rs. 4.80 crores which is more than 50% of the alleged dues. He further submits that petitioners have co-operated with the investigation and will continue to do so. Held that:- The Hon’ble High Court directed that no coercive action shall be taken against petitioners till the next date. However, petitioners shall appear before the investigating authority as summoned on 26.02.2021 at 11:00 AM and thereafter as and when summoned. Rest of the petitioners shall appear before the investigating authority as and when summoned and co-operate with the investigation. Stand over to 16.03.2021.
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