9911796707
TMI BlogPower of inspection, search and seizure [ Section 67 CGST Act read with Rule 139 to 141 ]X X X X Extracts X X X X X X X X Extracts X X X X ..... oner) that - (a) a taxable person has suppressed of - any transaction relating to supply or the stock of goods in hand, or has claimed ITC in excess of his entitlement or contravene any of the provisions of this Act or rules to evade tax under this Act; or (b) any person engaged in the business of transporting goods or an owner or operator of a warehouse or a godown or any other place - is keeping goods which have escaped payment of tax or has kept his accounts or goods in such a manner as is likely to cause evasion of tax payable under this Act. What is meant by reasons to believe ? Reason to believe is to have knowledge of facts which, although not amounting to direct knowledge, would cause a reasonable person, knowing the same facts, to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ise deal with the goods except with the previous permission of such officer. The officer seizing the goods document , books or things all prepare in inventory such goods or document or books or things and get is signed by the person from whom such goods or document or books or things are seized. Release of perishable or hazardous nature goods (Section 67(8) Read with Rule 141 ) Where the goods or things seized are of perishable or hazardous nature, and if the taxable person pays an amount equivalent to the market price of such goods or things or the amount of tax, interest and penalty that or may become payable by the taxable person, whichever is lower , such goods or as the case may be things shall be released forthwith, by an order in For ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of CGST Act cannot be read to extend to enable seizure of assets on the ground that the same are not accounted for. [ DEEPAK KHANDELWAL PROPRIETOR M/S. SHRI SHYAM METAL VERSUS COMMISSIONER OF CGST, DELHI WEST ANR. - Delhi HC Dated 17.08.2023 ] Period of retention of documents or books [ Section 67(3) ] The documents, books or things which have not been relied upon for the issue of notice under this Act or the rules made thereunder, shall be returned to such person within a period not exceeding 30 days of the issue of the said notice . Power To Search Survey [ Section 67(4) ] The officer authorised shall have the power to seal or break open the door of any premises or to break open any almirah, electronic devices, box, receptacle in which a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of seizure of goods, otherwise the goods shall be returned to the person from whose possession they were seized. Further extension of time period , the period of six months, on sufficient cause being shown can be extended by the proper officer for a further period not exceeding six months. Issue Of Receipt In case of seizure of books and documents [ section 67(11) ] Where the proper officer has reasons to believe that any person has evaded or is attempting to evade the payment of any tax, he may, for reasons to be recorded in writing, seize the accounts, registers or documents of such person produced before him and shall grant a receipt for the same. Power to make Sample purchase [ section 67(12) ] The Commissioner or an officer authorised ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ings except with the previous permission of such officer. (4) Where it is not practicable to seize any such goods, the proper officer or the authorised officer may serve on the owner or the custodian of the goods, an order of prohibition in FORM GST INS-03 that he shall not remove, part with, or otherwise deal with the goods except with the previous permission of such officer. (5) The officer seizing the goods, documents, books or things shall prepare an inventory of such goods or documents or books or things containing, inter alia, description, quantity or unit, make, mark or model, where applicable, and get it signed by the person from whom such goods or documents or books or things are seized. - Manuals - Ready reckoner - Law and pract ..... X X X X Extracts X X X X X X X X Extracts X X X X
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