Recording reason to believe in INS-01 is a pre-requisite to initiate Search


Quick Summary
The Allahabad High Court has ruled that the Revenue department must record specific 'reasons to believe' before initiating a search under Section 67 of the GST Act. In a case involving Excellentvision Technical Academy, the court found that the department failed to provide these reasons and issued search warrants retrospectively and with questionable authenticity. Consequently, the court quashed the entire proceedings and ordered a refund of any amounts deposited by the petitioner.

Court :
Allahabad High Court

Brief :
The Hon'ble Allahabad High Court in the case of Excellentvision Technical Academy (P.) Ltd. v. State of U.P.[Writ Tax No. 554 of 2023 dated May 20, 2024] held that where Revenue department failed to put forward the actual reasons to believe as required under Section 67 of the Central Goods and Services Tax Act, 2017 before initiating search, in such case the entire proceedings is liable to be quashed.

Citation :
Writ Tax No. 554 of 2023 dated May 20, 2024

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1 Year PLAN
1999
(Excl. of GST ₹359)

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3499
(Excl. of GST ₹629)

3 Months PLAN
999
(Excl. of GST ₹179)

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Bimal Jain
Published in GST
Views : 245
downloaded 322 times

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