Retraction of statements made before Goods and Services Tax (GST) authorities is a critical aspect of tax administration in India. Taxpayers may find themselves needing to retract statements due to various reasons, including misunderstandings, coercion, or incomplete information. Understanding the legal framework, procedures, and implications of such retractions is essential for safeguarding one’s rights and ensuring compliance.
Understanding Retraction of Statements
A retraction is the formal withdrawal or correction of a previously made statement. In the context of GST proceedings, retractions are typically sought when:
- The original statement was made under duress, coercion, or undue influence.
- There was a misunderstanding or misinterpretation of facts.
- The statement was based on incomplete or incorrect information.
Legal Provisions and Rights
Taxpayers have specific rights during GST proceedings, including:
Right to Retract
If a statement was made involuntarily or under pressure, taxpayers can retract it by submitting a written affidavit to the authority that recorded the original statement. This affidavit should clearly state the reasons for retraction and provide the correct information.
Right to Remain Silent
Taxpayers are not obligated to answer questions if they are unsure or lack knowledge about the subject matter. Exercising this right is constitutionally protected and cannot be construed as non-cooperation.
Right to Cross-Examine
If adverse statements from third parties are presented, taxpayers have the right to cross-examine those individuals to verify the authenticity and context of such statements.
Relevant Provisions and Legal Backing
Section 70 of the CGST Act, 2017
This section empowers the GST authorities to summon any person to give evidence or produce documents during any inquiry. While it does not directly address retraction, statements recorded under this section can be retracted if made under duress or due to factual errors.
Article 20(3) of the Indian Constitution
This constitutional provision protects individuals from self-incrimination. If a statement is made involuntarily or under coercion, it can be challenged and retracted.
Section 25 of the Indian Evidence Act, 1872
Though not part of the GST framework, this provision prohibits the admissibility of a confession made to a police officer. In tax proceedings, courts have often relied on similar principles to evaluate whether a statement is voluntary.
Section 24 of the Indian Evidence Act, 1872
A confession or statement obtained through inducement, threat, or promise is inadmissible, which provides a basis for retraction if the original statement was made under pressure or coercion.
Judicial Precedents
Courts and tribunals have consistently supported retraction in cases where it is proved that:
- The statement was made involuntarily. (
- There was an error or misrepresentation.
- The taxpayer can present sufficient evidence to substantiate the reasons for retraction.
Example of Case Law:
- In Paramvir Singh Saini v. Union of India (2020), the Supreme Court held that while GST authorities have broad investigative powers, these are subject to safeguards against self-incrimination and undue pressure.
While the GST Act itself does not codify retraction procedures, these provisions and judicial interpretations allow taxpayers to exercise their rights to withdraw or amend incorrect or coerced statements made during GST proceedings.
Procedural Aspects
When retracting a statement, it is advisable to:
Timely Submission
Retractions should be made at the earliest opportunity to avoid perceptions of afterthought or manipulation. Delayed retractions may be viewed with skepticism by authorities.
Addressing the Appropriate Authority
The retraction should be submitted to the same officer who recorded the original statement. This ensures that the authority is aware of the retraction and can take necessary actions.
Providing Evidence
Supporting the retraction with documentary evidence or explanations strengthens its credibility and demonstrates the taxpayer’s intent to provide accurate information.
Implications of Retraction
While retraction is a legal right, it does not automatically nullify the original statement. Authorities may:
- Evaluate the Validity: Assess the reasons provided for retraction and determine their legitimacy.
- Cross-Examine: Question the individual further to ascertain the truthfulness of the retraction.
- Consider Legal Consequences: If a statement is found to be false or misleading, it may attract penalties under relevant sections of the Indian Penal Code, such as Sections 191 and 192, which pertain to giving false evidence.
Recent Developments
In recent years, there have been notable instances highlighting the complexities surrounding statements and retractions in tax proceedings:
Infosys Tax Demand
In July 2024, Indian authorities issued a $3.9 billion tax demand to Infosys related to GST on expenses incurred by its overseas branches. Infosys contested the applicability of GST on these expenses, leading to discussions on the interpretation of tax laws.
Aviva Allegations
In August 2024, Aviva faced allegations of using fake invoices to evade $5.2 million in taxes in India. The case underscored the importance of accurate statements and the potential repercussions of falsified information.
How to retract a Statement?
If a person makes a statement out of coercion, he can retract the statement at the earliest. The significant fact about statement retraction is that it is never null and void. Retraction is not deemed involuntary or unlawful. Retraction is in the best interest of a victim’s safety. For a retraction to be valid, it is necessary to corroborate a retraction with proof or material evidence.
Now the question arises, what procedure can one follow to retract the statement made before the authorities?
The simple answer to this question is that the Retraction of earlier statements or admitted facts can be in the form of:
- An affidavit filed; or
- Statement recorded later on; or
- A letter.
