Rci Industries And Technologies LTD Through Its Director Rajeev Gupta vs. Commissioner Dgst Delhi & Ors.

W.P.(C)/121/2021HC DelhiGSTCNR DLHC01001742202007 January 2021Bench: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW,HON'BLE MR. JUSTICE SANJEEV NARULA18 pages
AI SummaryDismissed

Held

The Court held that the search action was lawful, and the Petitioner's contentions regarding the absence of witnesses, forced statements, and the validity of the authorization form were not sufficient to render the search illegal. The Court also noted that the issue of overlapping inquiries would be addressed if the revenue proceeds for tax determination.

Facts

The Petitioner's business premises were searched by the State GST authorities under Section 67 of the DGST Act. The Petitioner argued that the search was illegal due to the absence of independent witnesses, a forced statement, and parallel inquiries by central authorities.

Key Issues

Whether the search conducted by the State GST authorities was illegal due to procedural irregularities and the existence of parallel investigations by central authorities.

Sections Cited

Section 67, Section 6, Section 70, Rule 139

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
W.P.(C) 121/2021 Page 1 of 18 $~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 07.01.2021 + W.P.(C) 121/2021 RCI INDUSTRIES AND TECHNOLOGIES LTD THROUGH ITS DIRECTOR RAJEEV GUPTA .…Petitioner Through: Mr. Ashok K. Babbar, Mr. Bharat Kumar Tripathi and Mr. Surendra Kumar, Advocate. versus COMMISSIONER DGST DELHI & ORS. .… Respondents Through: Mr. Ramesh Singh, Standing Counsel with Mr. Gautam Narayan, Additional Standing Counsel for GNCTD, Ms. Bhawna Kataria and Mr. Adithya Nair, Advocates for R-1. Mr. Harpreet Singh, Senior Standing Counsel. CORAM: HON’BLE MR. JUSTICE RAJIV SAHAI ENDLAW HON’BLE MR. JUSTICE SANJEEV NARULA

JUDGMENT

SANJEEV NARULA, J. (Oral) CM APPL. 375/2021

1.

Exemption allowed, subject to just exceptions.

2.

The application is disposed of.

3.

The present writ petition under Article 226 of the Constitution of India, 1950 impugns the action of search carried out at the Petitioner’s business premises on 30th September, 2020, under Section 67 of the Delhi Goods and Services Tax Act, 2017 (hereinafter referred

The judgment continues below.

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