Notice issued to the respondents that the search proceedings was conducted in a very bad manner wherein many untoward incidents took place.
Section 67 of the CGST Act, 2017 — Search & Seizure —–The petitioner submitted that during the entire search proceedings which lasted for almost 2 days, the respondent restored to physical violence and torture on the employees of the petitioner. The respondents even forced the employees of the petitioner to switch off the CCTV cameras of the office premises. Further, the statements of all the persons present during the search proceedings were taken under coercion. The court observed that the two panch witnesses of the search proceedings have also filed an affidavit stating that the search proceeding was conducted in a very bad manner wherein many untoward incidents took place. The officers conducting search proceedings resorted to physically violence and torture on the accountants and senior accountants. The officers conducting search proceedings also forced the management/directors of the company to make the payment of tax, interest and penalty at midnight.
Held that:- The Hon’ble High Court issued Notice returnable on 16th February 2021.