Signed as a witness in Service Tax Raid in company. Any consequences?

Question

Signed as a witness in Service Tax Raid in company. Any consequences?

15-Oct-2023 (In Tax Law)

There was a raid in my company yesterday by Service Tax Deptt. where I was asked by my boss to sign on some papers on company's behalf where it was written that I have received search warrant by Deptt and helped them in searching office premises. and four other employees were signed as witness. Please let me know if it has any legal implications for us or not? We have never been involved in such scenario before this..Plz suggest

Answers (1)

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Advocate Kanishk Agarwal LawRato · Accepted Answer · 2015-10-15T07:31:48+05:30

Answer #1

Dear Querist If you are one of the employees at key position in the company then there might be a problem as post amendment in 2013 if your company is found to have not deposited service tax above Rs. 50 lakh for past 6 months then the department has a right to arrest the person concerned ad the offence is non-bailable. The department may treat you as an accused or as an witness, depending upon your role in the company. If you know that the service tax liability for past 6 month exceed 50 lakh (not deposited) then there may be an arrest on the way. We got the 1st person who was arrested in north India bailed out from patiala house court, as we have knowledge in field of service tax and criminal field. There are various other things to look into this. the sword of arrest would be hanging most on the Directors. Believe me department implicate in the most remote cases as well (witnessed with one of our another client).

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Adv. Kanishk Agarwal Adv. Kanishk Agarwal

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