Challenge to 'search action' at business premises dismissed by High Court citing presence of 'reason to believe'


Quick Summary
The Delhi High Court has dismissed a challenge to a GST search action conducted at business premises. The court found that the GST authorities had sufficient 'reason to believe' to conduct the search under Section 67 of the DGST Act. The petitioner's arguments regarding the absence of independent witnesses and parallel inquiries were not upheld, and the court noted that the petitioner had not retracted a statement made during the search admitting tax liability.

Court :
Delhi High Court

Brief :
The Hon'ble Delhi High Court in RCI Industries and Technologies Ltd. v. Commissioner DGST Delhi &Ors. [W.P.(C) 121/2021 decided on January 7, 2021] dismissed the writ application filed to impugn the search action at the business premises on the ground that there are ‘reasons to believe' to inspect and search the business premises by the GST Authorities ('the Respondents') as per Section 67 of the Delhi Goods and Service Tax Act, 2017 ('DGST Act').

Citation :
W.P.(C) 121/2021 decided on January 7, 2021

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Bimal Jain
Published in GST
Views : 217

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