Sushil Kumar Vs Delhi State GST Govt. NCT of Delhi & Ors

Date: February 25, 2024

Court: High Court
Bench: Delhi
Type: Writ Petition
Judge(s)/Member(s): SANJEEV SACHDEVA, RAVINDER DUDEJA
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Subject Matter

Forced GST Deposit During Search Operation Must Be Refunded With Interest; Voluntary Payment Guidelines Mandatorily Applicable

Search, Seizure and DetentionInterest

Summary

The Delhi High Court has allowed the petition, directing the refund of IGST amounting to Rs. 15,06,342 with statutory interest and re-crediting Rs. 25,00,000 to the Electronic Credit Ledger. The Court found that the deposit was made under duress duri…

FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT 1. Petitioner seeks refund of the integrated GST amounting to Rs. 40,06,342/- (Rs.15,06,342/- towards stock variation and 25,00,000/-towards alleged wrongful input tax credit) recovered from the petitioner without authority of law. 2. Petitioner was engaged in business of manufacturing and trading of ferrous and non-ferrous metals. 3. Petitioner…

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