Ask Jurishour AI

Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors
tdb_templates
saswp_reviews
saswp-collections
saswp_rvs_location
tdc-review-email
web-story-font
web-story
googlesitekit_email
tds_locker
tds_email
saswp
mailpoet_page
mailpoet_email
tdcpt_tunes
tdc-review
pronamic_payment
pronamic_gateway
pronamic_pay_subscr
wpcode
HomeGSTSeizure of Cash During Search Is Illegal: Supreme Court Dismisses GST Dept....

Seizure of Cash During Search Is Illegal: Supreme Court Dismisses GST Dept. Review Petition

Published on

🚀 Stay Connected With JurisHour

WhatsApp X Telegram

The Supreme Court of India has dismissed the Department’s review petition challenging the Delhi High Court’s ruling that declared the seizure of cash from a trader’s residence as illegal. 

A bench headed by Chief Justice B.R. Gavai and Justice Augustine George Masih upheld the High Court’s interpretation that Section 67 of the Central Goods and Services Tax (CGST) Act does not empower tax authorities to seize valuable assets merely on the ground that they are “unaccounted.”

Background of the Case

The dispute arose from a January 2020 search conducted by Central Tax officers at the residence of a Delhi-based trader engaged in the business of non-ferrous metals. During the search, officers seized two silver bars weighing 29.5 kg and 14.5 kg respectively, cash amounting to ₹7 lakh, multiple mobile phones, cheque books, and certain documents. The trader was arrested but later released on bail.

The Revenue alleged that the assets were linked to fake or “goodless” invoices and that the seized items represented unaccounted proceeds. However, no specific show cause notice referencing these items was issued within the statutory six-month period as mandated by the CGST Act.

On August 17, 2023, a division bench of Justice Vibhu Bakhru and Justice Purushaindra Kumar Kaurav of the Delhi High Court ruled in favour of the trader. The court held that silver bars qualify as “goods” under Section 2(52) of the CGST Act, whereas currency falls under “money,” excluded from the definition of goods. Section 67 empowers officers to seize goods only if they are liable to confiscation due to suspected tax evasion. The term “things” in Section 67(2) must be interpreted ejusdem generis with “documents” and “books,” meaning only items containing information useful to proceedings (like electronic devices) may be seized, not valuable assets per se. The CGST Act does not permit the seizure of unaccounted wealth unless it is directly relevant to proceedings under the Act. Recovery of unaccounted income falls under the Income Tax regime, not GST.

The court directed the department to return the seized cash, silver, and other items, clarifying that this would not preclude authorities from pursuing any lawful tax demand separately.

Case Details

Case Title: Commissioner Of CGST Versus Deepak Khandelwal

Case No.: SPECIAL LEAVE PETITION© NO. 18536 OF 2024

Date: August 19, 2025

Read More: Why CESTAT Rejected Affidavit as Additional Evidence?

Mariya Paliwala
Mariya Paliwalahttps://www.jurishour.in/
Mariya is the Senior Editor at Juris Hour. She has 7+ years of experience on covering tax litigation stories from the Supreme Court, High Courts and various tribunals including CESTAT, ITAT, NCLAT, NCLT, etc. Mariya graduated from MLSU Law College, Udaipur (Raj.) with B.A.LL.B. and also holds an LL.M. She started her career as a freelance tax reporter in the leading online legal news companies.

Latest articles

GST Demand Summary Can’t Include Tax Already Adjusted Against Payments: Allahabad HC

The Allahabad High Court has held that a discrepancy between a detailed GST adjudication...

DFIA Exports Ineligible For RoDTEP Benefits; Customs Directs Repayment With Applicable Interest

The Office of the Commissioner of Customs, NS-II, at Jawaharlal Nehru Custom House (JNCH),...

DGGI Meerut | Cess Arrest Invalid Without Disclosure Of ‘Reasons To Believe’; Producing Them Before Magistrate Is Insufficient: Allahabad HC

The Allahabad High Court has quashed the arrest of two petitioners under the Health...

Rs. 80 Lakh GST ITC Case: Allahabad HC Grants Bail To Worker Allegedly Paid Rs. 20K A Month To Front Firm Run By Others

The Allahabad High Court has granted bail to a man accused in a case...

More like this

GST Demand Summary Can’t Include Tax Already Adjusted Against Payments: Allahabad HC

The Allahabad High Court has held that a discrepancy between a detailed GST adjudication...

DFIA Exports Ineligible For RoDTEP Benefits; Customs Directs Repayment With Applicable Interest

The Office of the Commissioner of Customs, NS-II, at Jawaharlal Nehru Custom House (JNCH),...

DGGI Meerut | Cess Arrest Invalid Without Disclosure Of ‘Reasons To Believe’; Producing Them Before Magistrate Is Insufficient: Allahabad HC

The Allahabad High Court has quashed the arrest of two petitioners under the Health...