Rakesh Govind Prasad Sarawagi vs. State Of Gujarat
(Gujarat High Court, Gujrat)

Case Law
Petitioner / Applicant
Rakesh Govind Prasad Sarawagi
Respondent
State Of Gujarat
Court
Gujarat High Court
State
Gujrat
Date
Oct 15, 2019
Order No.
R/SPECIAL CIVIL APPLICATION NO. 18094 of 2019
TR Citation
2019 (10) TR 1884
Related HSN Chapter/s
N/A
Related HSN Code
N/A

ORDER

1. Mr. Tushar P. Hemani, Senior Advocate, learned counsel with Ms. Vaibhavi K. Parikh and Mr. Parimalsinh B. Parmar, learned advocates for the petitioner has submitted that in response to the summons dated 7.10.2019 issued by the second respondent under section 70 of the Central Goods and Services Tax Act, 2017 (hereinafter referred to as ‘the CGST Act’), the petitioner is ready and willing to appear before the concerned authority. It is submitted that the petitioner, however, apprehends that when he appears before the second respondent authority in response to the summons under section 70 of the CGST Act, he is likely to be arrested in exercise of powers under section 69 read with section 132(5) of the CGST Act.

2. In view of the submissions advanced by the learned advocate for the petitioner, issue notice, returnable on 23.10.2019. By way of adinterim relief, the petitioner will appear before the second respondent in response to the summons dated 7.10.2019 (Annexure-A to the petition). He, however, shall not be arrested under section 69 read with section 132(5) of the CGST Act when he appears before the concerned authority.

3. Direct service, is permitted.

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