2023 (12) TMI 559

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.....2023 issued by the respondent, for conducting the search at the premises of the petitioner, be re-called and that the same be quashed. The petitioners also impugn summons dated 05.09.2023 issued under Section 70 of the Central Goods & Services Tax Act, 2017 (hereafter 'the CGST Act') and the proceedings initiated pursuant thereto. Additionally, the petitioners pray that the respondent be directed to return the documents belonging to the petitioner company along with the photocopies, which were collected during the search/inspection conducted on 22.08.2023. 2. A search under Section 67(1) of the CGST Act was conducted at the premises of the petitioners on 22.08.2023. 3. We have perused the original file produced by the respondent and ....

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....ordingly, I am of the view that matter is also required to be referred to Income Tax Department, GST department and ED to check the source of Rs. 50 lakhs which was received by the applicant as well as whether this amount was genuinely earned by Sh. Prem Shankar Verma or it is a unaccounted black money or is a part of the proceeds of banks which was embezzled by Wadhawan Brothers. 17) In view of the above discussions, both the applications of the applicant are disposed off. Though surety bond of applicant is ordered to be cancelled but FDR deposited by him cannot be released unless clearance is received from all the concerned departments. In case, these departments after inquiry find prima facie that money of Rs. 50 lakhs transferr....

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....ded as reasons for authorizing the inspection. Clause 'A' of FORM GST INS-01 is set out below: "A. M/s._________________________________________ has suppressed transactions relating to supply of goods and/or services has suppressed transactions relating to the stock of goods in hand, has claimed ITC in excess of his entitlement under the Act has claimed refund in excess of his entitlement under the Act has indulged in contravention of the provisions of this Act or rules made thereunder to evade tax under this Act;" 8. It is clear from the record that apart from the directions issued in terms of the order dated 05.04.2023, there were no reasons for the respondent to initiate the search....