Offences and Penalties Chapter- 09
- While holding an inquiry, the Sales Tax Officer shall exercise same powers as are exercisable by an
officer in charge of a police station under the Code of Criminal Procedure, 1898. - Sales Tax Officer, after holding an inquiry, shall release that person on his executing a bond with or
without sureties as he found no sufficient evidence or reasonable grounds for suspicion. He shall
direct a person to appear, as and when required before the Special Judge and make a report about
his discharge to Special Judge and shall make a full report of case to his immediate superior. - The Special Judge may, after the perusal of record of inquiry and hearing the prosecution, agree with
such report and discharge the accused and if he believes that there is sufficient grounds against such
person proceed with his trial and direct the prosecution to produce evidence. - The Officer of Inland Revenue empowered to hold inquiry shall maintain a “Register of Arrests and
Detention” in the prescribed form. He shall enter the name and particulars of every person arrested
under this section together with the time and date of arrest, details of the information received, the
details of things, goods or documents, recovered from his custody, the name of witnesses and the
explanation given by him and the manner in which the inquiry has been conducted from day to day in
such register. The Special Judge may direct such officer to produce such register or authenticated
copies of its aforesaid entries. - Any Magistrate of the first class may record any statement or confession during inquiry under this Act,
in accordance with the provisions of sec. 164 of Code of Criminal Procedure, 1898. - The Board with the approval of the Federal Minister in-charge may by notification may authorize any
other officer working under the Board to exercise the powers and perform the functions of a Officer of
Inland Revenue on some conditions imposed by him.
Special Judges (U/s 37C)
- The Federal Government (by notification) may appoint as many Special Judges as he considers
necessary and shall specify the headquarters of each Special Judge and the territorial limits
within which he shall exercise jurisdiction. - No person shall be appointed as Special Judge unless he is or has been a session judge.
Cognizance of offences by Special Judges (U/s 37D)
- A Special Judge may, within the limits of his jurisdiction, take cognizance of any offence punishable
under this Act:
(a) Upon a report in writing made by an officer of Inland revenue or any other officer authorized by
Federal Government;
(b) Upon receiving a complaint or information of facts constituting such offence made or
communicated by any person;
(c) Upon his own knowledge acquired during any proceeding before him under this Act or any
other law for the time being in force. - The Special Judge shall proceed with the trial of the accused upon the receipt of report.
- Upon the receipt of a complaint or information or by own knowledge, the Special Judge may
- After conducting such inquiry or considering the report of such Magistrate or officer, if Special Judge
believe that:
(a) There is no sufficient grounds for proceedings, he may dismiss the complaint
(b) There are sufficient grounds for proceedings; he may proceed against the person. - A Special Judge or a Magistrate or an officer, holding inquiry, may hold inquiry, as early as possible,
u/s 202 of Code of Criminal Procedure, 1898.
Special Judge, etc to have exclusive jurisdiction (U/s 37E)
(a) No court other than the Special Judge having jurisdiction, shall try an offence punishable under this
Act;