State Tax Officer Vs Shabu George
Date: July 31, 2023
Court: Supreme Court
Bench:
Type: Special Leave Petition
Subject Matter
Cash cannot be seized when it does not form part of the stock in trade. HC ruling upheld.
Summary
This is a case where the Revenue Department conducted a search at the premises of a taxpayer named Shabu George to detect tax evasion under the CGST Act. During the search, a significant amount of cash was seized. The Revenue Department did not issue a show cause notice to George within six months. George filed a writ before the Kerala High Court, arguing that the seized cash, which was received as a gift during a marriage, did not form part of the stock in trade and should be released. The High Court agreed and ordered the Revenue Department to release the seized cash. The Revenue Department then filed a Special leave petition before the Supreme Court, but the Supreme Court dismissed the appeal and upheld the High Court's decision.
Delay condoned.
We are not inclined to interfere with the judgment and order impugned in this petition.
The special leave petition is, accordingly, dismissed.
Pending application(s), if any, shall stand disposed of.