2019 Supreme(Guj) 620
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HARSHA DEVANI, SANGEETA K. VISHEN, JJ.
Paresh Nathalal Chauhan – Appellant
Versus
State of Gujarat – Respondents
R/Special Civil Application No. 18463 of 2019
Decided On : 25-10-2019
Advocate Appeared:
For the Appellant : Chetan K. Pandya
For the Respondents: Maithili Mehta, Assistant Government Pleader
Headnote:
Central Goods and Services Tax Act, 2017 - Sub-section (2) of section 67 - Criminal Procedure Code, 1973 - Petitioner has tendered an affidavit of father of petitioner court has perused report in its entirety - A perusal of report reveals that concerned officers authorized to carry out search at residential premises of petitioner had stayed there from perusal of record of proceedings of case reveals that has been recorded that after searching of rooms in premises records of accounts were brought to main room and gathered there which included bank passbooks of family members as well as cheque books and that verification thereof is continuing - Proceedings thereafter do not reveal any further search carried out at premises but reveal that officers had stayed at premises and had examined phone calls that were received by family members and had recorded their phone calls - They had also recorded statements of family members of petitioner record further reveals that officers who had arrived – Held, Court has reasons to believe that any person has evaded or is attempting to evade payment of any tax he may for reasons to be recorded in writing seize accounts registers or documents of person produced before him and shall grant a receipt for same and shall retain same for so long as may be necessary in connection with any proceedings this Act or rules made for prosecution - Commissioner or an officer authorized by him may cause purchase of any goods or services or both by any person authorized by him from business premises of any taxable person to check the issue of tax invoices or bills of supply by such taxable person and on return of goods so purchased by officer taxable person or any person in charge of business premises shall refund amount so paid towards goods after cancelling any tax invoice or bill of supply issued – Order Accordingly (Paras 11 and 12)
ORDER :
Harsha Devani, J.
1. Mr. Chetan Pandya, learned advocate for the petitioner has tendered an affidavit of Nathalal Maganlal Chauhan, the father of the petitioner. The same is taken on record.
2. The learned Assistant Government Pleader has submitted a confidential report of the proceedings carried out by the respondents at the premises of the petitioner pursuant to the authorisation issued in favour of the second respondent under sub-section (2) of section 67 of the Central Goods and Services Tax Act, 2017 (hereinafter referred to as "the CGST Act").
3. This court has perused the report in its entirety. A perusal of the report reveals that the concerned officers authorised to carry out the search at the residential premises of the petitioner had stayed there from 11.10.2019 to 18.10.2019. A perusal of the record of the proceedings of the case reveals that on 11.10.2019 at 2:15, it has been recorded that after searching of the rooms in the premises, the records of the accounts were brought to the main room and gathered there which included the bank passbooks of the family members as well as cheque books and that verification thereof is continuing. The proceedings thereafter do not reveal any further search carried out at the premises but reveal that the officers had stayed at the premises and had examined the phone calls that were received by the family members and had recorded their phone calls. They had also recorded statements of the family members of the petitioner on 11.10.2019. The record further reveals that the officers who had arrived on the previous day as well as the panchas were relieved by new set of officers and panchas and this cycle continued till 18.10.2019. It appears that thereafter they have been questioning the family members of the petitioner on a day to day basis till 18.10.2019.
4. Section 67 of the CGST Act, reads thus:-
"67. Power of Inspection, search and seizure.
(1) Where the proper officer, not below the rank of Joint Commissioner, has reasons to believe that-
(a) a taxable person has suppressed any transaction relating to supply of goods or services or both or the stock of goods in hand, or has claimed input tax credit in excess of his entitlement under this Act or has indulged in contravention of any of the provisions of this Act or the rules made thereunder to evade tax under this Act; or.
(b) any person engaged in the business of transporting goods or an owner or operator of a warehouse or a godown or any other place is keeping goods which have escaped payment of tax or has kept his accounts or goods in such a manner as is likely to cause evasion of tax payable under this Act,
he may authorise in writing any other officer of central tax to inspect any places of business of the taxable person or the persons engaged in the business of transporting goods or the owner or the operator of warehouse or godown or any other place.
(2) Where the proper officer, not below the rank of Joint Commissioner, either pursuant to an inspection carried out under sub-section (1) or otherwise, has reasons to believe that any goods liable to confiscation or any documents or books or things, which in his opinion shall be useful for or relevant to any proceedings under this Act, are secreted in any place, he may authorise in writing any other officer of central tax to search and seize or may himself search and seize such goods, documents or books or things:
Provided that where it is not practicable to seize any such goods, the proper officer, or any officer authorised by him, may serve on the owner or the custodian of the goods an order that he shall not remove, part with, or otherwise deal with the goods except with the previous permission of such officer:
Provided further that the documents or books or things so seized shall be retained by such officer only for so long as may be necessary for their examination and for any inquiry or proceedings under this Act.
(3) The documents, books or things referred to in subsection (2)