2020 (2) TMI 432 - HC - GST

Confiscation of goods - goods alongwith the vehicle have been released already - section 129 and 130 of CGST Act - HELD THAT - Pursuant to the notice issued under Section-129 of the Act determining the amount to be paid towards the tax and liability, the requisite amount has been paid by the writ-applicant and the conveyance and the goods have been released. It appears that later, a show-cause notice came to be issued under Section 130 of the Act calling upon the writ-applicant to show-cause why the goods and conveyance should not be confiscated. As the matter is now at the stage of MOV-10, the writ-applicant shall appear before the authority and file an appropriate reply to make good his case that the notice issued in GST-MOV-10 deserves to be discharged - Application disposed off.

Summary

Issues: Interpretation of Sections 129 and 130 of the GST Act, legality of impugned notice, release of seized goods and vehicle, liability for GST payment, compliance with statutory procedures.

Analysis:
1. The writ-application under Article 226 sought various reliefs including quashing an impugned notice dated 30-5-2019, release of seized goods and vehicle, and interim reliefs. The Court proposed an interim order for the release of the goods and vehicle seized by GST Department officers.

2. The case involved a dispute where the Department alleged undervaluation of goods worth &8377; 11 lakh, contrary to the manufacturer's valuation of around &8377; 4,15,000. The Department claimed a GST liability of approximately &8377; 2,15,000, with a balance of &8377; 1,36,000 pending payment. Proceedings under Section 130 of the GST Act were initiated.

3. The key issue revolved around interpreting Sections 129 and 130 of the GST Act. The Court considered the pending batch of writ applications on this issue and focused on an interim order for releasing the goods and vehicle while the main issue is resolved.

4. Referring to a previous order, the Court emphasized the procedural requirements under Sections 129 and 130 of the Act. It highlighted that the show-cause notice under Section 130 seemed premature without following the procedure under Section 129. The Court directed the immediate release of the goods and vehicle upon depositing &8377; 1.50 lakh.

5. Subsequently, the writ-applicant paid the determined amount under Section 129, leading to the release of goods and conveyance. However, a show-cause notice under Section 130 was issued later, necessitating the applicant to respond and rely on relevant legal precedents for defense.

6. The Court disposed of the writ-application, permitting direct service and instructing the writ-applicant to address the notice under MOV-10 stage, citing the recent judgment in Synergy Fertichem Pvt. Ltd Vs. State of Gujarat. The matter was scheduled for further hearing to be assisted by the Advocate General.