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GST - Highlights / Catch Notes

Home Highlights January 2023 Year 2023 This

Seeking return of money recovered - Clearly, the petitioners had ...


High Court Rules Coercive Cash Seizure Unlawful Under GST Act; Emphasizes Strict Adherence to Search and Seizure Protocols.

January 25, 2023

Case Laws     GST     HC

Seeking return of money recovered - Clearly, the petitioners had not handed over the cash to the concerned officers voluntarily. Undisputedly, the action taken by the officers was a coercive action. There are no provision in the GST Act that could support an action of forcibly taking over possession of currency from the premises of any person, without effecting the same. The powers of search and seizure are draconian powers and must be exercised strictly in terms of the statute and only if the necessary conditions are satisfied - HC

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