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Issues: (i) Whether cash/currency could lawfully be seized under Section 67(2) of the Central Goods and Services Tax Act, 2017; and (ii) Whether the seized mobile phones, pen drives and bank card could continue to be retained after issuance of the demand-cum-show-cause notice.
Issue (i): Whether cash/currency could lawfully be seized under Section 67(2) of the Central Goods and Services Tax Act, 2017.
Analysis: Section 67(2) authorises seizure only of articles falling within its statutory scope. The interpretation that cash/currency is not a "thing" capable of seizure under that provision was adopted, there being no impediment to following that view. The cash had already been refunded, but it had remained withheld from 5 June 2025 until 19 August 2026.
Conclusion: Seizure of the cash was illegal. The issue is decided in favour of the assessee, who is entitled to interest on the wrongfully withheld amount, payable within six weeks.
Issue (ii): Whether the seized mobile phones, pen drives and bank card could continue to be retained after issuance of the demand-cum-show-cause notice.
Analysis: The statutory restriction permits retention of seized documents, books or things only so long as necessary for examination, enquiry or proceedings. Since the demand-cum-show-cause notice had already been issued, continued retention of the identified articles was not justified.
Conclusion: The issue is decided in favour of the assessee. The mobile phones, pen drives and bank card must be returned forthwith upon production of a certified copy of the order and acknowledgment.
Final Conclusion: The statutory power of search and seizure does not extend to cash/currency under Section 67(2), and it cannot support continued retention of other seized articles once their retention is no longer necessary for the proceedings.
Ratio Decidendi: Under Section 67, seizure and retention are confined to articles lawfully seizable and necessary for the statutory enquiry or proceedings; cash/currency is not a "thing" within the authorised class of seizure.
GST seizure powers exclude cash and limit retention of electronic devices after a demand-cum-show-cause notice.
Section 67(2) restricts seizure to articles within its statutory scope and does not treat cash/currency as a seizable thing. Retention of seized mobile phones, pen drives, bank cards and other articles is permitted only while necessary for examination, enquiry or proceedings. After a demand-cum-show-cause notice has issued and that necessity no longer exists, continued retention is unjustified and return is required. Wrongful withholding of cash gives rise to interest.
Seizure of cash u/s 67 of the CGST Act - Interest on illegally withheld cash - Return of seized electronic devices and bank card after issuance of show-cause notice Seizure of cash u/s 67 of the CGST Act - Interest on illegally withheld cash - Legality of seizure of cash during a search under section 67 of the CGST Act and entitlement to interest after its refund - HELD THAT: - Applying the views of the Delhi and Karnataka High Courts Deepak Khandelwal [2023 (8) TMI 929 - DELHI HIGH COURT] and B. Kusuma Konachar [2024 (6) TMI 361 - KARNATAKA HIGH COURT] respectively and finding no restraint against doing so, the Court held that cash does not fall within the category of articles amenable to seizure under section 67. Its retention until refund was consequently illegal, and refund did not defeat the claim for accrued interest. [Paras 15, 16, 17] The seizure was declared illegal, and accrued interest on the refunded cash was directed to be calculated and paid. Return of seized electronic devices and bank card after issuance of show-cause notice - Continued retention of seized mobile phones, pen drives and bank card after issuance of the demand-cum-show-cause notice - HELD THAT: - Following issuance of the demand-cum-show-cause notice, the Court held that the seized mobile phones, pen drives and bank card were liable to be released. [Paras 18] The Investigating Officer was directed to return the articles forthwith upon production of a certified copy of the order. Final Conclusion: The writ petition was disposed of with the cash seizure declared illegal and accrued interest ordered, while the remaining seized articles were directed to be returned.