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TMI Blog2023 (9) TMI 900X X X X Extracts X X X X X X X X Extracts X X X X ..... urrency seized is required to be released to the petitioner. In so far as the petitioner s prayer for adjustment of ₹11,41,750/- against future liability is concerned, it is not disputed that the petitioner had deposited it voluntarily. The respondents have not accepted that the said amount is refundable to the petitioner. Mr Singh, learned counsel appearing for the respondents submits that apparently, no steps were taken by the respondents in regard to the tax deposited as the present petition was pending - it is apposite to clarify that the respondents are not precluded from taking any steps in regard to the said duty so deposited. The petitioner is also not precluded from filing an appropriate application for refund of the said amo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s were searched by the Officers of the Anti-Evasion Branch of the Central Goods and Service Tax, Delhi East Commissionerate, on 03.05.2018. 3. The petitioner claims that during the search, the concerned officers examined the stocks of raw material and finished goods and found that the same were duly recorded in the books of accounts and record. However, during the search, the Officers also found Indian currency amounting to ₹50,70,000/-, which was lying in a locker. 4. According to the petitioner, the same belonged to the family members of the petitioner. It was brought from the residential premises to the business premises as their residential house was under renovation and there were large number of labourers working in the premises ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s case that seizure of cash is illegal and the respondents had no power to seize cash on the suspicion that it was unaccounted cash. 12. In the aforesaid context, the petitioner has prayed for release of the cash so seized as well as for adjusting the amount of tax, penalty and interest deposited (₹11,41,750/-), against its future liability. 13. In so far as the power under Section 67(2) of the CGST Act, to seize cash on the ground that it is unaccounted cash is concerned, the said issue is covered in favour of the petitioner by the recent decision of this Court in Deepak Khandelwal Proprietor M/s Shri Shyam Metal v. Commissioner of CGST, Delhi West Anr. : Neutral Citation No. 2023:DHC:5823- DB. 14. Thus, the currency seized is requir ..... X X X X Extracts X X X X X X X X Extracts X X X X
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