Justice Nirzar Desai of the Gujarat High Court has issued notices to the state government and police in a case in which an FIR was lodged against an individual for tax evasion. The HC issued the notice after the government failed to point out any law which envisages the filing of an FIR under criminal law when the Income Tax Department is seized of the matter. The HC was hearing a petition filed by Ronaksinh Gohil, president of a political party challenging an FIR filed by the CID Crime against him. Gohil, as per the FIR, was booked under various sections including criminal breach of trust, forgery, cheating, forgery and section of the Information Technology Act. He also faced proceedings under the Income Tax Act for tax evasion. The counsel for the petitioner submitted that it is only the Income Tax Department which is empowered to initiate proceedings against him for tax evasion and there cannot be any FIR as tax evasion is the exclusive prerogative of the Income Tax Department. The HC then issued notices and directed that the investigation could go on but there shall not be any coercive actions against Gohil.

FIR for tax evasion: State gets HC notice

380,1316,518,99,1613,2062

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