2020 (4) TMI 130 - HC - GST

Detention of goods alongwith conveyance - section 129(1) of the GST Act - HELD THAT - The writ applicant availed the benefit of the interim-order passed by this Court and got the vehicle, along with the goods released on payment of the tax amount. The proceedings, as on date, are at the stage of show cause notice, under Section 130 of the Central Goods and Services Act, 2017. The proceedings shall go ahead in accordance with law. It shall be open for the writ applicant to point out the recent pronouncement of this Court in the case of SYNERGY FERTICHEM PVT. LTD VERSUS STATE OF GUJARAT 2020 (2) TMI 1159 - GUJARAT HIGH COURT - It is now for the applicant to make good his case that the show cause notice, issued in Form GST MOV-10, deserves to be discharged. Application disposed off.

Summary

Issues:
Challenge to detention and confiscation order under GST Act

Analysis:
The writ applicant sought relief through a Writ Application under Article 226 of the Constitution of India to quash the detention and confiscation order dated 10.7.2019 passed under section 129(1) of the GST Act. The applicant also requested interim relief for the release of goods and conveyance. A Coordinate Bench had directed the release of the truck and goods upon payment of tax. The applicant availed the interim relief and got the vehicle and goods released by paying the tax amount. The proceedings were at the show cause notice stage under Section 130 of the Central Goods and Services Act, 2017, to proceed according to the law.

The judgment referenced a recent case and highlighted the importance of closely examining contraventions of the Act or Rules during detention and seizure. It emphasized that authorities should consider the nature of contravention and intent to evade tax before issuing a confiscation notice under Section 130 of the Act. The judgment stressed that the authorities must have justifiable grounds and reasons to issue a confiscation notice at the threshold, and not merely on suspicion. It outlined the necessity for authorities to record reasons for invoking Section 130 and emphasized the need for a strong case before confiscation. The judgment clarified that confiscation should be based on materials and good faith, not mere pretense.

The Court disposed of the writ application, making the rule absolute to the extent mentioned, leaving it to the applicant to argue for the discharge of the show cause notice issued in Form GST MOV-10. The judgment provided a detailed analysis of the legal principles surrounding detention, confiscation, and the necessity for authorities to act in good faith with strong justifiable reasons before invoking confiscation under the GST Act.