2018 (10) TMI 1621 - HC - GST

Release of detained goods - delayed submission of E-Way bill - Held that - E-way bill could not be down loaded but it was subsequently produced after down loading it on 24.10.2018 which is valid upto 2nd November 2018. It is directed for the release of the goods of the petitioner and the vehicle on deposit of the proposed amount of tax of ₹ 28,000/- and ₹ 25,000/- towards penalty - petition disposed off.

Summary

Issues:
Release of goods detained under U.P. GST, validity of E-way bill, tax and penalty amounts, final order implications.

Analysis:
The judgment by the High Court of Allahabad pertains to a case involving the release of goods detained under U.P. GST. The petitioner's counsel argued that GST at the rate of 5% is chargeable on the goods, amounting to ?28,000. Additionally, it was highlighted that the E-way bill, though not initially available, was later produced and valid until a specified date.

The court, without delving into the specifics of the detention order, directed the release of the petitioner's goods and vehicle upon payment of ?28,000 as tax and ?25,000 as penalty. The petitioner was also allowed to download a fresh E-way bill for the goods to pass through Uttar Pradesh by a stipulated date.

Importantly, the court clarified that its decision to release the goods did not imply an opinion on the merits of the detention or the proposed tax and penalty amounts. The sums deposited by the petitioner were to be subject to the final order in subsequent proceedings by the authorities, emphasizing that the deposited amount would be contingent on the outcome of future determinations.

In conclusion, the writ petition was disposed of in accordance with the court's directions, focusing on the release of goods subject to the payment of specified tax and penalty amounts, while maintaining that the ultimate decision on the case's merits would be left to the authorities in subsequent proceedings.