Learning that “the facts of the case are very gross and shocking”, the Gujarat High Court said on Friday (05th February) uprooted the GST officials for allegedly “coercing and pressurizing” an individual to shift an amount of Rs.9 Crore to the account of the field.
The two Judges Justice J. B. Pardiwala and Justice Ilesh J. Vora said that the supposed coercive recovery tactics as shocking despite listing to the appeal Kanubhai Manilal (Proprietor, Bharat Acid And Chemicals) stated to the court that he was summoned beneath examination, he was under the custody for 33 hours.
He said that he was probed to transfer Rs 9 cr to the account of the GST council Get to know about GST (Goods and Services Tax) council 1st to 43rd meeting updates and decisions taken by members. We have covered 1st meeting to last meeting decisions. Read more .
On Jan 22 the Directorate General of GST Intelligence, Surat (DGGI) officers has done a survey searches on Writ Applicant’s premises and has been carried to the council’s office in which he was in the custody for 33 hours According to the report the Times of India On reading the situations and the decorations the court has decided.
No wonder, the State of Gujarat has topped the list of states with the highest collection of tax under the GST Act in the country for the year 2020.
Furthermore, concerning the Paresh Nathalal Chauhan vs. the State of Gujarat in (2020), 79 GST 105 there is an invitation sent by the court to the attention of the respondents to the comprehensive order. This case concerns the search and examination initiated by the GST council.
In this concern, the court will conduct that the GST officers who stayed for 8 days on the assessee’s house are not legal. Moreover, the Court commanded that notice allotted to the respondents (GST Authorities), is returnable on 16th February 2021. The court said they would furnish a reply so will the court proceeds with additional investigation inside the matter.