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<h1>Seized CGST Funds Must Be Returned Promptly: Judicial Order Upholds Taxpayer Rights and Mandates Immediate Fund Release</h1> The HC allowed the writ petition, directing CGST authorities to release seized funds of Rs. 62,40,000 with accrued interest within one week, consistent ... Seizure of cash found during search under GST search powers - power of tax authorities to retain or release currency recovered in search - mandamus directing release and remittance of seized property - remittance of amounts held in interest-bearing account with accrued interestSeizure of cash found during search under GST search powers - power of tax authorities to retain or release currency recovered in search - mandamus directing release and remittance of seized property - Whether the currency of Rs. 62,40,000/- recovered during a search can be lawfully retained by the CGST authorities or must be released to the petitioner - HELD THAT: - The Court relied on its earlier decision in Deepak Khandelwal Proprietor M/s Shri Shyam Metal v. Commissioner of CGST, which held that the authorities do not have the power to seize cash found during a search conducted under the GST search provisions. Applying that principle, the Court found that the currency recovered on 06.08.2020 which the petitioner claims and accounts for could not lawfully be retained by the tax authorities. The Court directed the concerned authority to remit the amount to the petitioner's bank account and noted that the amount was held in an interest-bearing account; it therefore directed remittance of the principal along with accrued interest, subject to the petitioner providing bank details, within one week.Petition allowed; the seized sum of Rs. 62,40,000/- to be remitted into the petitioner's bank account along with accrued interest within one week.Final Conclusion: The High Court allowed the petition and directed the CGST authorities to remit the seized currency (and accrued interest held in the interest-bearing account) into the petitioner's bank account within one week, applying the precedent that cash found in a GST search cannot be lawfully retained. The petitioner filed a writ petition seeking the release of Rs. 62,40,000 seized during a search by CGST officers. The High Court directed the authorities to return the amount along with accrued interest within one week as per a previous judgment. The petition was allowed.
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