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.