2018 (12) TMI 609 - HC - GST

Seizure of goods - Section 67(2) of the UPGST Act - Held that - The proceedings under Section 130 can be initiated only when the person transporting the goods or the owner of the goods transporting the goods fails to pay the amount of tax and penalty for the release of the goods as per section 129(1) of UPGST Act - The matter requires consideration.

Summary

Issues Involved:
1. Seizure and confiscation of goods under the UPGST Act.
2. Legality and jurisdiction of the notice and order issued by Respondent No. 3.
3. Interpretation of Sections 129 and 130 of the UPGST Act.

Analysis:

1. Seizure and Confiscation of Goods:
The petitioner, a proprietorship firm registered under the U.P. Value Added Tax Act and the Goods and Services Tax Act (GST Act), filed a petition challenging the seizure of goods by Respondent No. 3 under Section 67(2) of the UPGST Act. The Court had previously directed the release of the seized goods. The petitioner argued that the subsequent proceedings initiated by Respondent No. 3 for the confiscation of goods, which had already been sold by the petitioner, were illegal and not sustainable. The petitioner contended that the actions of Respondent No. 3 were in violation of the law, as the goods were no longer in their possession.

2. Legality and Jurisdiction of Notice and Order:
The petitioner further argued that the notice dated 01.09.2018 and the subsequent order dated 10.10.2018 issued by Respondent No. 3 were illegal and lacked jurisdiction. The petitioner cited Section 129 of the UPGST Act, which sets out conditions for the release of goods or conveyances. According to the petitioner, the provisions of Section 129(6) stipulate that proceedings under Section 130 can only be initiated if the person transporting the goods fails to pay the required tax and penalty within a specified period. The petitioner contended that Sections 129 and 130 could only be invoked in cases involving the transportation of goods for supply or receipt, not for goods found at a registered taxable person's office or godown.

3. Interpretation of Sections 129 and 130:
The petitioner's argument centered on the interpretation of Sections 129 and 130 of the UPGST Act. The petitioner emphasized that the provisions of these sections were applicable only in specific scenarios involving the transportation of goods for supply or receipt. The petitioner asserted that the actions of Respondent No. 3, in issuing the notice and order for confiscation of goods that were no longer in possession of the petitioner, were beyond the scope of Sections 129 and 130. The Court deemed the matter worthy of consideration and granted time for the filing of counter affidavit and subsequent rejoinder affidavit by the concerned parties.

In conclusion, the judgment highlighted the legal intricacies surrounding the seizure and confiscation of goods under the UPGST Act, focusing on the legality and jurisdiction of the actions taken by Respondent No. 3. The interpretation of Sections 129 and 130 played a crucial role in determining the validity of the notice and order issued in this case.