M/S Vijay Steelcon Private Limited vs. Principal Commissioner Of Central Tax (GST) Delhi East & Ors.

W.P.(C)/13034/2021HC DelhiGSTCNR DLHC01035597202118 November 2021Bench: HON'BLE MR. JUSTICE MANMOHAN,HON'BLE MR. JUSTICE NAVIN CHAWLA12 pages
For Petitioner: Ms.Vibhooti Malhotra, AdvFor Respondent: Mr.Harpreet Singh Sr. SC & Ms.Suhani Mathur Advs
AI SummaryDismissed

Held

The Court held that the petitioner had voluntarily deposited the tax, interest, and penalty, and had sought the release of seized cash for payment of government dues. By availing the remedy under Section 74(5) of the CGST Act, the petitioner had closed the proceedings and could not subsequently challenge them.

Facts

The petitioner challenged the seizure of Rs. 65 lakhs cash from its director's residence and the subsequent direction to release the amount only for payment of government dues. The petitioner also claimed that Rs. 94,65,316 deposited by it was erroneously recovered without proper adjudication.

Key Issues

Whether the tax deposit was made under coercion or voluntarily, and whether the petitioner could challenge proceedings after availing a remedy under the CGST Act.

Sections Cited

Section 74, Section 50, Section 67

AI-generated summary — verify with the full judgment below

WP(C) 13034/2021 $~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 18th November, 2021

+ M/S VIJAY STEELCON PRIVATE LIMITED ..... Petitioner Through Ms.Vibhooti Malhotra, Adv.

versus

PRINCIPAL COMMISSIONER OF CENTRAL TAX (GST) DELHI EAST & ORS.

..... Respondents Through Mr.Harpreet Singh Sr. SC & Ms.Suhani Mathur Advs

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

HON'BLE MR. JUSTICE NAVIN CHAWLA

NAVIN CHAWLA, J. (Oral)

The hearing has been conducted through video conferencing. CM 41094/2021(exemption) Allowed, subject to all just exceptions.

1.

This petition has been filed by the petitioner inter alia challenging the seizure of cash amounting to Rs.65 lakhs (Rupees Sixty Five Lakhs only) from the residential premises of the Director of the petitioner on 04.03.2021. The petitioner further challenges the letter dated 24.03.2021 issued by the respondent no.1 whereby the bank was directed to release the said amount of Rs.65 lakhs to the Signed By:SHA

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