(1)
An officer of Sales Tax, not
below the rank of an Assistant
Collector of Sales Tax or any
other officer of equal rank
authorised by the Central Board
of Revenue in this behalf, who
on the basis of material evidence
has reason to believe that any
person has committed a tax fraud
in respect of a supply or supplies
made by him, may cause arrest
of such person.
(2) All arrests made under
this Act shall be carried out
in accordance with the relevant
provisions of the Code of Criminal
Procedure, 1898 (Act V of 1898).
(3) Where any person commits
a tax fraud, he shall be punishable
with imprisonment for a term
which may extend to five years,
or with fine which may extend
to any amount equal to the loss
of tax involved, or with both.
(4) Notwithstanding anything
contained in sub-section (1)
to subsection (3) or any other
provision of this Act, where
any person has committed a tax
fraud, the Collector may, either
before or after the institution
of any proceedings for recovery
of tax, compound the offence
if such person pays the amount
of tax due alongwith such additional
tax and penalty as is determined
under the provisions of this
Act.
(5) Where the person suspected
of tax fraud is a company, every
director or officer of that
company whom the authorised
officer has reason to believe
is personally responsible for
actions of the company contributing
the tax fraud shall be liable
to arrest; provided that any
arrest under this sub-section
shall not absolve the company
from the liabilities of payment
of tax, additional tax and penalty
imposed under this Act]
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