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VIBHU BAKHRU, PURUSHAINDRA KUMAR KAURAV
Deepak Khandelwal Proprietor M/s Shri Shyam Metal – Appellant
Versus
Commissioner of CGST, Delhi West – Respondent
JUDGMENT
Vibhu Bakhru, J. The petitioner has filed the present petition, inter alia, praying that directions be issued to the respondents to unconditionally release the two silver bars (weighing 29.5 Kgs. and 14.5 Kgs. respectively); Rs.7,00,000/- Indian currency; and, Mobile Phones, which were seized by the respondents from the residential premises of the petitioner. The petitioner also prays that the search of his residential premises and seizure effected, be declared illegal.
Factual Context
2. The petitioner carries on business of trading in non-ferrous metals, inter alia, in the name of his sole proprietorship concern, Shri Shyam Metal. He is registered under the Central Goods and Services Tax Act, 2017 (hereafter `the Act') under the registration: GSTIN07AGCPK1126B2Z5.
3. On 28.01.2020, a search was conducted at the petitioner's residence, House No. 3-4, Pocket 6, Sector-24, Rohini, Delhi, under Sub-section (2) of Section 67 of the Act. During the aforementioned operations, certain items and currency were seized from the ground floor of the petitioner's residence. The relevant extract of the order of seizure (Form GST INS-02) listing out the goods and items seized by the resp
The power of seizure under Section 67 of the Act is limited to goods liable for confiscation and is not for the recovery of tax but to ensure compliance and aid proceedings against tax evasion.
The main legal point established in the judgment is that the gold bullion seized during the search was stock-in-trade and duly accounted in the books of accounts, as per the relevant provisions of FE....
Seizure of cash under CGST Section 67(2) invalid absent recorded 'reason to believe' of secretion and relevance to proceedings; automatic return mandated under Section 67(7) if no notice within six m....
The main legal point established in the judgment is that the issuance of a show cause notice after the specified period does not invalidate the notice, and the court may reserve all rights and conten....
Seizure under the Income Tax Act should be conducted with due care and caution, and should not be based solely on suspicion. The seizure of goods should be justified and in accordance with the provis....
Seizure of stock-in-trade under the Income Tax Act requires clear evidence of undisclosed income; mere suspicion is insufficient.
Currency notes and coins do not fall under the definition of 'documents' in Section 19(3) of the Foreign Exchange Regulation Act, leading to the invalidation of the search and seizure executed withou....
The power to compel production of alleged stolen property under criminal investigation underlines the supremacy of investigative necessity over the contractual rights of secured creditors.
Seizure of goods under the Customs Act, 1962 necessitates strict compliance with procedural requirements, including timely issuance of show cause notices; failure results in the mandatory return of t....
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