Gauhati High Court
For assessee
Case-law directory
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Search and filter tax rulings from the Supreme Court, the High Courts, the GST Appellate Tribunal and the advance-ruling authorities.
Case-law directory
Search and filter tax rulings from the Supreme Court, the High Courts, the GST Appellate Tribunal and the advance-ruling authorities.
3 rulings found
Gauhati High Court
Where authorities seized cash, along with other items, during search under section 67 but cash did not fall within permissible articles for seizure, such action was illegal and, although cash was refunded before adjudication, petitioner was entitled to interest for period of illegal withholding and respondent authorities were required to compute and pay such interest. GST: Where search under section 67 resulted in seizure of mobile phones, pen drives and a bank card, and since SCN was already issued, continued retention of seized goods was unwarranted and Investigating Officer was required to arrange immediate release of said items to petitioner
Gauhati High Court
Power conferred under section 67(4) can only be exercised upon initiation of search proceedings and so long search proceedings are continuing, keeping premises of petitioner sealed for last four months was illegal and against mandate of section 67(4), as power under Section 67(4) ceases to exist once search proceedings culminated with seizure of goods, documents, books or things
Madras High Court
Where search authorization issued in respect of petitioner partnership firm under Section 67(2) lacked DIN with only a generic assertion of technical difficulty and no contemporaneous record, and DIN was neither timely generated nor communicated to noticee, mandatory requirements of DIN display, contemporaneous recording of exception, regularization, and sharing with noticee were breached, rendering authorization non-compliant; authorities to initiate fresh proceeding