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Corporate News *  Service tax penalty can’t survive when assessee acted on dept.’s own view of non-taxability: Delhi High Court. *  GST section 74 extended limitation questionable when form 26AS mismatch was already known: Karnataka High Court grants interim relief. *  CGST demand prima facie impermissible after state GST settlement under section 128A: Bombay High Court. *  Supreme Court asks GSTAT to sympathetically consider delay as taxpayers pursued remedy before wrong forum. *  Supreme Court stays Tripura High Court ruling protecting genuine buyers from ITC denial over supplier’s GST default. *  Diary entries alone can’t prove clandestine removal of goods: CESTAT quashes excise penalty on steel trader. *  Customs could investigate preferential tariff claims even before sec. 28DA: Delhi High Court. *  Customs dept. relied on fake AI generated case laws: supreme court quashes Rs. 425.28 crore penalty. *  No GST exemption in affiliation and annual registration charges for admission or conduct Of examinations: GSTAT. *  Mere invoices, cheque payments insufficient to establish genuine movement of goods: GSTAT restores Rs. 43.44 lakh ITC demand. *  Consolidated GST show cause notice covering multiple financial years is not without jurisdiction: Delhi High Court. *  Construction of independent houses on separate plots not taxable as ‘Residential Complex’ without common facilities: CESTAT. *  GST penalty exceeding statutory maximum unsustainable; Allahabad High Court quashes ? 50,000/- penalty after taxpayer filed return and paid late fee. *  GST order against standard chartered bank passed without hearing set aside by Bombay High Court. *  Retracted statements can’t be relied upon without cross-examination: CESTAT quashes gold confiscation. *  Burden to prove misclassification lies on customs department: CESTAT. *  CESTAT quashes Rs. 98 lakh excise demand on clearance of used refractory brick scrap. *  Service tax demand on irrigation works quashed: Karnataka High Court rules sale of goods component not taxable as service. *  GSTAT restores tax and penalty for transporting iron scrap without E-way bill citing intent to evade tax. *  Madras High Court stays GST recovery from directors without opportunity to show cause under section 89. *  Madras high court stays GST recovery notice against directors; finds prima facie case on applicability of section 79(1)(c). *  Procedural lapses can’t justify harsh punishment without serious customs breach: CESTAT quashes customs broker licence revocation. *  Service tax payable on land leasing and sports complex charges: CESTAT. *  Settled customs dispute can’t be reopened through Article 226 challenge to interest liability: Delhi High Court. *  Mere facilitation of customs clearance can’t establish knowledge of smuggling: Madras High Court. *  GST registration cancellation stayed: Allahabad High Court questions 99% ITC utilisation cap under rule 86B. *  Composition scheme lapses automatically on crossing Rs. 1.5 crore turnover: GSTAT. *  Gujarat High Court quashes GST cancellation orders after officer relied on non-existent AI-generated case laws. *  Importers liable for customs duty benefits availed through manipulated scrips: Delhi High Court. *  Procedural E-way bill lapse alone can’t justify penalty where genuine transaction and absence of tax evasion are established: GSTAT.
Subject News *  Documentary evidence dominates probe, further custody unwarranted: mumbai court grants bail in Rs. 22.44 crore customs duty evasion case. *  Business premises can’t remain sealed for non-participation in GST search: Allahabad High Court. *  GST pre-deposit must be refunded proportionately when taxpayer partly succeeds in appeal: Bombay High Court. *  Supreme Court grants 30 days to file GST appeal; keeps pre-deposit issue open due to deposit in parallel CGST proceedings. *  GST demand can’t exceed amount proposed in SCN: Allahabad High Court quashes Rs. 20.47 Crore order. *  Hundreds-of-crores GST demand and heavy 10% pre-deposit no ground to bypass statutory appeal: Punjab & Haryana High Court. *  Delhi High Court refuses to entertain challenge to gold confiscation due to statutory appeal remedy and unexplained delay. *  Procedural error in customs broker licence inquiry can be rectified through remand: Delhi High Court. *  GSTR-2A mismatch alone can’t justify ITC denial without invoice-wise verification; personal hearing mandatory: GSTAT. *  GST order passed without uploading personal hearing notices violates sec. 75(4): Allahabad High Court. *  TAX EVASION - Sec. 74 GST SCN quashed for not spelling out fraud, wilful misstatement or suppression: Allahabad High Court. *  STPI’s SOFTEX certification and NoC charges taxable as business support services: CESTAT. *  Suspicion can’t replace proof: CESTAT quashes penalty in alleged gold-smuggling operation. *   Limitation runs from communication of order: Madras High Court upholds rejection of delayed GST Appeals. *  Rajasthan High Court quashes GST demand over unsigned show cause notice. *  ITC recovery upheld where supplier failed to deposit GST: Rajasthan High Court. *  Customs commissioner’s empowered to make port trust liable for duty on pilfered goods: Supreme Court. *  Rectification proceedings can’t be used to challenge an uncontested GST assessment through a writ petition: Andhra Pradesh HC. *  GST proceedings against deceased proprietor unsustainable without notice to legal heir: GSTAT. *  Mere availment of ineligible self-assessed ITC doesn’t amount to suppression without evidence of fraud or wilful misstatement: GSTAT. *  Disposal of mining overburden by entity authorised by mining lease holder constitutes taxable service: CESTAT. *  Toll plaza data not mandatory for ITC refund: GSTAT. *  Disputed GST fraud allegations require investigation: Punjab and Haryana High Court makes interim bail absolute in alleged fraud and GST fraud case. *  Non-manufacturer contractor liable to deposit excess excise duty collected from buyer: CESTAT. *  GST order can’t reject taxpayer’s reply as “not satisfactory” without reasons: Madhya Pradesh High Court. *  Uncorroborated statements can’t establish alleged diversion of duty-free goods: CESTAT. *  Erection services were not liable to service tax prior to 10th september 2004: CESTAT. *  Sec. 74 GST notice must spell out statutory ingredients for invoking extended tax demand proceedings: Allahabad High Court. *  No jurisdictional bar under section 6(2)(b) in parallel CGST SGST proceedings: Delhi High Court refuses to bypass GST appeal remedy. *  Madras High Court remits GST demand for fresh adjudication after taxpayer claims it was unaware of SCN following business closure.  

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GST Update No 343 on retention period of seized goods by GST authorities

GST Update No 343 on retention period of seized goods by GST authorities
It is well known that the matter as regards to inspection, search and seizure has been under spotlight since erstwhile GST regime. There had been catena of cases in the past as well wherein the Courts have highlighted the importance of existence of “reason to believe” before initiating any inspection, search and seizure proceedings. However, yet again, another point of dispute regarding period of retention by departmental authorities came before the DELHI HIGH COURT in the case of DHRUV KRISHAN MAGGU vs PRINCIPAL DIRECTOR GENERAL, DGGI (HQRS.), RK PURAM, NEW DELHI & ANR. The decision imparted in this case is subject matter of our present update.

The petitioner seeks return of laptop, computer, documents and other things which were seized by the authorities. In the present case, the DGGI received communication regarding high level transaction of IGST refund credited to four bank accounts to the tune of Rs. 10,32,21,718/- which were newly opened and the refund amount was withdrawn immediately. It was observed that address of all the firms was same. Upon making further enquiries, it was observed that the firms were in fact non-functional and non-existing. The statement of proprietor was recorded wherein it was revealed that some of them were not aware of the transactions and only ID were provided by them along with singing various documents. Upon further investigation, it was observed that there were total of 23 firms opened and IGST refund of Rs. 63 crores were siphoned. FIRs were registered in this respect. The petitioner therefore seeks for release of seized goods and documents. Further, defreezing of account was also sought and reliance in this respect was placed on decision of Micra Overseas V/s Directorate of GST Intelligence & Anr. It was submitted that despite substantial time period having lapsed, the seized goods were not released. Reference was drawn to section 67 of CGST Act, 2017 wherein a time period of 6 months is prescribed by statue for release of seized goods. Furthermore, since the authorities have already taken up the backup of the data, the main laptop should be released.

The counsel of revenue referred to provisions of Section 67 of CGST Act, 2017 and stated that the present section shall not be applicable in the present case as there were no goods which were seized. Presently, there was confiscation of goods which was governed by provisions of Section 67 of CGST Act, 2017. Furthermore, reference was also drawn to provisions of Section 74 of CGST Act, 2017 which demonstrates that the retention period has not lapsed.

The Court observed that there is distinction in case of inspection, seizure and search of “documents or books or things” as compared to that of “goods”. In case of documents the same can be retained by officers for a longer period of time while in case of seized goods, the same is to be returned to the person within a period of 6 months of seizure of goods. The present case is covered under provisions of Section 74 of CGST Act, 2017. By referring to the provisions of the Act, it was observed that as per said sections, documents or books or things can be retained for a maximum period of 4.5 years within which period the notice has to be issued. In the present situation, this period had not yet lapsed and hence, it cannot be directed to release the computer, laptop, documents etc. seized. Therefore, this writ petition is dismissed.

As per the above judgement given against the aggrieved assessee, from now onwards the taxpayers need to be extra cautious and vigilant failing which their necessary documents will come under seizure radar for a period of 4.5 years resulting into halting of business.
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