GST officers must explain 'grounds of arrest', obtain acknowledgment: CBIC

GST officers will now have to explain to offenders about the "grounds of arrest" and obtain a written acknowledgement from them, the CBIC said on Monday.

Modifying the guidelines for arrest and bail in relation to offences punishable under the GST Act, the Central Board of Indirect Taxes and Customs (CBIC) said: "The grounds of arrest must be explained to the arrested person and also furnished to him in writing as an Annexure to the Arrest Memo. Acknowledgement of the same should be taken from the arrested person at the time of service of the Arrest Memo."  As per the earlier guideline issued in August 2022, GST officers were required to explain to the arrested person the grounds of arrest, and note the same in the arrest memo.

The instructions follow the Delhi High Court order in the case of Kshitij Ghildiyal versus DGGI (Delhi).

The Delhi High Court has relied on the judgements of the Supreme Court which made a distinction between "reasons for arrest" and "grounds of arrest".

The Supreme Court held that there is a "significant difference" in the phrases "reasons for arrest" and "grounds of arrest".

The "reasons for arrest" are general in nature, while the "grounds of arrest" are personal to the accused, as per the Supreme Court order.