Facts of the Case
The petitioner, a sole proprietor engaged in trading iron
scrap, was subjected to a search by the Directorate General of GST Intelligence
(DGGI) in connection with alleged fraudulent availment of Input Tax Credit by
another entity.
During the search conducted on 15.02.2021, various documents,
electronic devices, and Indian currency amounting to ₹23,50,000 were seized
from the petitioner’s residence.
The petitioner challenged the seizure order (INS-02), seeking quashing of the same and release of the seized cash along with interest, contending that such seizure was illegal under the provisions of the CGST Act.
Issues Involved
- Whether
Indian currency can be treated as “goods” under Section 2(52) of the CGST
Act, 2017.
- Whether
cash can be seized under Section 67 of the CGST Act.
- Whether seizure of cash for being “unaccounted wealth” is permissible under GST law.
Petitioner’s Arguments
- The
seized cash does not fall within the definition of “goods” under the CGST
Act.
- Section
67 does not empower authorities to seize currency merely because it is
unaccounted.
- The
seizure was arbitrary, illegal, and beyond statutory powers.
- Reliance was placed on precedents where similar seizures were held unsustainable.
Respondent’s Arguments
- The
seized amount represented proceeds of alleged fake invoicing and tax
evasion.
- The
petitioner failed to provide lawful evidence regarding possession of the
cash.
- The seizure was justified as part of investigation into GST evasion.
Court Findings / Order
Key Findings:
- Cash
is not “goods”: Indian currency is explicitly excluded from
the definition of “goods” under Section 2(52) and falls within “money”
under Section 2(75).
- Limited
scope of Section 67:
- Section
67 is meant for inspection, search, and seizure to aid proceedings,
not for recovery of tax or seizure of unaccounted assets.
- Doctrine
of ejusdem generis applied:
- The
term “things” in Section 67 must be read in context with “documents” and
“books”, meaning items that have evidentiary value.
- Seizure
of cash not justified:
- Cash
cannot be seized merely because it is unaccounted or suspected to be
linked to tax evasion.
- GST
law vs Income Tax law:
- Action
against unaccounted money falls within the domain of the Income Tax Act,
not GST law.
Final Order:
- The
writ petition was allowed.
- The respondents were directed to release ₹23,50,000 along with applicable interest to the petitioner.
Important Clarifications by Court
- Section
67 is not a recovery mechanism; it only facilitates investigation.
- Seizure
powers must be exercised strictly within statutory limits.
- Cash
can only be seized if it has direct evidentiary relevance in
proceedings, not merely as unaccounted wealth.
- Authorities are not barred from initiating other lawful proceedings under the Act.
Link to download the order - https://delhihighcourt.nic.in/app/showFileJudgment/61017122024CW169002024_111348.pdf
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