Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
The High Court addressed the validity of a seizure order u/s 67(2) of the CGST Act, focusing on whether the term "things" includes cash/currency seized during search and seizure. The Court considered conflicting interpretations from different High Courts. It held that cash/currency is not encompassed within the term "things" in the provision. The Court emphasized that the purpose of u/s 67(2) is not to recover tax through asset seizure. The Court found the seizure order invalid as the authority lacked "reasons to believe" prior to the seizure, as required by the Act. The Court also noted the delay in completing proceedings post-seizure, directing the revenue authority to return the seized cash with interest. The impugned order was quashed, and the petition was allowed.
The High Court addressed the validity of a seizure order u/s 67(2) of the CGST Act, focusing on whether the term "things" includes cash/currency seized during search and seizure. The Court considered conflicting interpretations from different High Courts. It held that cash/currency is not encompassed within the term "things" in the provision. The Court emphasized that the purpose of u/s 67(2) is not to recover tax through asset seizure. The Court found the seizure order invalid as the authority lacked "reasons to believe" prior to the seizure, as required by the Act. The Court also noted the delay in completing proceedings post-seizure, directing the revenue authority to return the seized cash with interest. The impugned order was quashed, and the petition was allowed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4805
Join Channel
TaxTMI 
