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RITU BAHRI, KULDEEP TIWARI
Modern Insecticides Ltd. – Appellant
Versus
Commissioner, Central Goods and Service Tax – Respondent
| Table of Content |
|---|
| 1. circumstances of petitioner's search and funds (Para 1 , 2 , 5 , 6) |
| 2. legal basis for input tax credit under cgst (Para 3 , 4 , 11) |
| 3. details of amounts seized and deposits made (Para 7 , 9 , 10) |
| 4. legal provisions regarding notice for tax retention (Para 14 , 15 , 16) |
| 5. applicability of prior case law to current case (Para 17 , 18 , 19) |
| 6. court's directive for refund (Para 20 , 21) |
JUDGMENT
Ms. Ritu Bahri, J.
The petitioners are seeking direction to the respondents to refund an amount of Rs.2.54 crores and supply copy of Panchnama dated 05.03.2020 and 15.01.2021 along with other electronic gadgets, including mobiles, resumed from the premises of the petitioner.
2. As per the facts stated in the petition, on 05.03.2020, officials of the respondents searched the factory premises of the petitioner and resumed the entire record lying there. On 07.03.2020, they got deposited a sum of Rs.39,15,583/-. The respondents conducted the second search on 15.01.2021 and took away Director and Chartered Accountant of the petitioner to their office at Rishi Nagar, Ludhiana. They detained Mr. Avtar Singh (78 years old), Director and Mr. Sahil Sharma, Chartered Accountant of the peti
The main legal point established in the judgment is the importance of voluntary tax payments and the consequences of non-compliance with the prescribed procedure, as well as the liability for interes....
The sufficiency of the reasons for forming a belief under Section 67 of the CGST Act is not subject to judicial review as long as there is material or information providing a rational basis for the b....
Payments made under coercion during tax inspections cannot be construed as voluntary; proper procedures must be followed for valid refund claims.
The court affirmed that a taxpayer's voluntary admission of dues and conditions related to cash seizure supersedes claims of coercion, leading to dismissal of the petition.
Point Of Law: Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised by reason of fraud or any wilfulmisstatement or suppression of facts.
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