Case Law Details
Bhumi Associate Vs. Union of India (Gujarat High Court)
High Court Issues direction against alleged forceful recoveries during search/inspection under CGST Act, 2017 –
(1) No recovery in any mode by cheque, cash, e-payment or adjustment of input tax credit should be made at the time of search/inspection proceedings under Section 67 of the Central/Gujarat Goods and Services Tax Act, 2017 under any circumstances.
(2) Even if the assessee comes forward to make voluntary payment by filing Form DRC-03, the assessee should be asked/ advised to file such Form DRC-03 on the next day after the end of search proceedings and after the officers of the visiting team have left the premises of the assessee.
(3) Facility of filing complaint/ grievance after the end of search proceedings should be made available to the assessee if the assessee was forced to make payment in any mode during the pendency of the search proceedings.
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Request all concerned to make gst act more simple it is now very complicated. You are to correct one mistake promulgating another act. This is very confusing and making gst more complicated.