Evasion of GST - Jurisdiction of inspect and search - Power to issue Seizure (prohibition) order - Proper authorization –Section 67 of the Goods and Service Tax Act, 2017
10 July, 2019
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Search and seizure authorization: proper officer's reason to believe permits prohibition orders and provisional release via clause six. Section 67 empowers an authorised proper officer, not below Joint Commissioner, to search and seize goods or documents when he has reason to believe they ... Summary
Search and seizure authorization: proper officer's reason to believe permits prohibition orders and provisional release via clause six.
Section 67 empowers an authorised proper officer, not below Joint Commissioner, to search and seize goods or documents when he has reason to believe they are secreted; if seizure is impracticable, a prohibition on dealing with goods may be issued under Rule 139(4). "Secreted" includes items not kept in their normal place or likely to be kept out of the way, and the officer must have a reasoned belief before exercising search powers. Procedural accuracy in authorisation and forms is required, and clause (6) permits provisional release on bond, security or payment.
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