2024(09)LCX0023
Krishna Chaurasia
Versus
Additional Director General
W.P.(C) 2493/2024 decided on 06-09-2024
IN THE HIGH COURT OF DELHI AT NEW DELHI
W.P.(C) 2493/2024
SHRI KRISHNA CHAURASIA
.....Petitioner
Through: Mrs. Anjali Jha Manish, Mr.
Priyadarshi Manish, Ms. Divya
Rastogi, Mr. Ankur Singh & Mr. Aman
Singh, Advs.
Versus
ADDITIONAL DIRECTOR GENERAL,
DIRECTORATE GENERAL
OF GST INTELLIGENCE & ORS.
.....Respondents
Through: Mr. Jatin Kumar Gaur,
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
06.09.2024
1. The petitioner has filed the
present petition, inter alia, praying that directions be issued to the
respondents to release the sum of Rs.27,00,000/- which was seized pursuant to a
Seizure Memo dated 17.04.2023. The learned counsel for the petitioner has
referred to a copy of panchnama dated 17.04.2023, which has been annexed
along with the counter affidavit filed by the respondents. The same records that
the sum of Rs.27,00,000/- in cash was found at the office premises of the
petitioner and since no satisfactory answer or evidence was furnished by him
regarding the source of the aforesaid cash, the same was ‘resumed’ by the
officer.
2. It is the petitioner’s case that the said seizure was without authority of
law. The learned counsel appearing for the petitioner further states that the
said issue is squarely covered by the decision of this Court in Deepak
Khandelwal Proprietor M/s. Shri Shyam Metal v. Commissioner of CGST, Delhi West
& Anr.: 2023:DHC:5823-DB.
3. The learned counsel appearing for the respondents concurs with the
submissions advanced by the learned counsel for the petitioner. He also states
that the officers will be sensitized as to their power to seize the cash during
search operations conducted under Section 67 (2) of the Central Goods & Services
Tax Act, 2017 / Delhi Goods & Services Tax Act, 2017.
4. This Court is informed that the cash seized has been kept in a fixed deposit
account by the respondents. We, accordingly, direct the respondents to forthwith
remit the aforesaid amount to the petitioner’s bank account along with the
accrued interest.
5. The petition is disposed of in the aforesaid terms.
VIBHU BAKHRU, J
SACHIN DATTA, J
SEPTEMBER 06, 2024