Search and Seizure - failure in filing regular monthly ...

Court Rules Seized Materials Admissible Despite Procedural Issues in Tax Goods Case u/s 3 Authority.

May 13, 2022

Case Laws     VAT and Sales Tax     HC

Search and Seizure - failure in filing regular monthly returns/statements - consignment of taxable goods transported by it - The respondent no. 5 is a competent officer as prescribed under section 3 of the Act and no challenge to the authority or power of the officers empowered under section 3 of the Act have been made by the petitioner. The only ground of the challenge is that the respondent no. 5 was not a member of the vigilance group or wing on the date when the search and seizure was made - the materials recovered during a search, which may not have been conducted as per the provisions of law, are also admissible in evidence and it is permissible to take consequential actions under the provisions of law, as have been done in the present case. - HC

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