FACTS OF THE CASE
The petitioner, M/s R.J. Trading Co. (RJT), a registered GST
dealer engaged in the trading of cigarettes, challenged the legality of search
and seizure operations conducted by GST authorities.
- RJT
was duly registered and compliant with GST filings and tax payments.
- On 13.02.2021
and 14.02.2021, DGGI conducted a search and found stock in order, but
seized documents including stock registers.
- On 05.03.2021,
another search was conducted by CGST Delhi North, leading to:
- Detention
of 190 cartons of cigarettes (22,26,000 sticks)
- Issuance
of prohibition order (GST INS-03)
- Authorities
alleged absence of stock register and suspected illicit trade.
- RJT
contended that all goods were supported by valid documents (e-invoices,
e-way bills, transporter records).
ISSUES INVOLVED
- Whether
the search and seizure under Section 67(2) CGST Act was valid?
- Whether
“reasons to believe” existed before exercising such powers?
- Whether
detention of goods via prohibition order was legally sustainable?
- Whether absence of stock register justified seizure and prohibition?
PETITIONER’S ARGUMENTS
- No
proper authorization or delegation of power was established.
- Mandatory
conditions under Section 67(2) were not satisfied.
- Goods
were not “secreted” and were found at registered premises.
- All
transactions were supported by valid documentation.
- Investigation
was unrelated to petitioner; action was arbitrary.
- Prohibition order was without jurisdiction and violated statutory safeguards.
RESPONDENT’S ARGUMENTS
- Investigation
was triggered due to suspected GST evasion by related entities.
- RJT
was linked as a supplier in the chain of suspicious transactions.
- Stock
register was not produced during search.
- Goods
were not supported by proper documentation at the time of inspection.
- Officers acted based on “reasonable belief” and valid authorization.
COURT’S FINDINGS / ORDER
The Delhi High Court examined the scope of Section 67(2)
CGST Act and held:
- “Reasons
to believe” is a mandatory jurisdictional requirement and
must be based on credible material, not suspicion.
- The
belief must be honest, reasonable, and based on actionable evidence,
not conjecture.
- Goods
found at registered premises cannot automatically be treated as
“secreted.”
- Search
was conducted without prior inspection under Section 67(1) and
lacked proper foundation.
- The
authorization was based merely on a request from another Commissionerate
without independent satisfaction.
Conclusion:
- The
exercise of power under Section 67(2) was legally unsustainable.
- The prohibition and seizure actions were invalid due to absence of jurisdictional facts.
IMPORTANT CLARIFICATIONS BY COURT
- “Reason
to believe” ≠ “reason to suspect”
- Proper
officer must independently assess material before authorizing search
- Mere
non-production of stock register does not automatically justify seizure
- Inter-departmental
communication cannot replace statutory satisfaction
- Powers under Section 67 are extraordinary and must be strictly construed
Link to download the order - https://delhihighcourt.nic.in/app/case_number_pdf/2021:DHC:2126-DB/RAS20072021CW48472021_225004.pdf
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