This Tax Alert summarizes the recent circulars issued by the Central Board of Excise and Customs (CBEC) laying down guidelines for arrest and bail, in respect of the offences punishable under the Finance Act, 1994, Central Excise Act, 1944 and the Customs Act, 1962.
These circulars have been issued in light of the recent amendments made by the Finance Act, 2013, in respect of the offences punishable under the Service tax, Central Excise and Customs provisions.
The circulars also prescribe the procedures to be followed for arrest, post arrest formalities, format for the monthly report to be sent by the Chief Commissioners of all the persons arrested etc.
Although the Circulars do provide a clarity that the power to arrest would need to be exercised by the authorities with utmost care and caution, practically it is to be seen as to how and in which specific scenarios the authorities exercise such powers.
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