JUDGMENT

Sanjeev Sachdeva, J. (Oral) - Petitioner seeks refund of the integrated GST amounting to Rs.40,06,342/- (Rs.15,06,342/- towards stock variation and 25,00,000/- towards alleged wrongful input tax credit) recovered from the petitioner without authority of law.

2. Petitioner was engaged in business of manufacturing and trading of ferrous and non-ferrous metals.

3. Petitioner was subjected to search based on GST INS-01 dated 16.11.2023 issued by Respondents. The reasons mentioned in the FORM INS-01 were:

"i. Has suppressed transactions relating to supply of goods and/or services.

ii. Has suppressed transactions relating to the stock of goods in hands.

iii. Has indulged in the contravention of the provisions of this act or rules made there under to evade tax under this act."

4. The search operation started on 16.11.2023 at 5:30 P.M and continued till 17.11.2023 around 5 AM. During the search operation, documents and other records were inspected and consequently, as per the Petitioner, it was orally and vaguely alleged the Petitioner has evaded GST on its transactions. Further, the statement of the authorized representative of the petitioner was also recorded under duress and coercion.