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2020 (4) TMI 131 - HC - GSTDetention 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.
Issues:
1. Quashing of detention order under GST Act 2. Release of goods and conveyance 3. Interpretation of Sections 129 and 130 of GST Act 4. Application of principles of natural justice Detailed Analysis: 1. The writ applicant sought relief through a Writ Application under Article 226 to quash the order of detention dated 10.7.2019 under section 129(1) of the GST Act regarding goods and conveyance. The applicant also requested the release of the goods and conveyance and challenged the legality of actions by the respondents as violative of natural justice and statutory provisions. 2. A Co-ordinate Bench of the Court had earlier directed the release of the truck and goods upon payment of tax. The applicant availed this interim relief and got the vehicle and goods released. The proceedings were at the show cause notice stage under Section 130 of the GST Act, with further proceedings to follow as per the law. 3. The judgment referred to a previous case highlighting the importance of closely examining contraventions of the Act or Rules during detention and seizure of goods. It emphasized that invoking Section 130 of the Act, which pertains to confiscation, should be based on strong grounds and not mere suspicion. The judgment outlined the necessity for authorities to demonstrate a clear intent to evade tax before invoking confiscation provisions. 4. The Court emphasized that authorities must apply their minds diligently before issuing confiscation notices under Section 130 at the initial stage of detention. The judgment stressed the need for justification and strong reasoning for invoking such provisions, ensuring that actions are taken in good faith and not as a mere formality. It highlighted the importance of disclosing materials and reasons forming the basis of the belief for confiscation. In conclusion, the Court disposed of the writ application, making the rule absolute to the extent mentioned, and left it to the applicant to establish the discharge of the show cause notice issued in Form GST-MOV-10. The judgment underscored the significance of justifiable grounds, proper application of law, and adherence to principles of natural justice in matters concerning detention, seizure, and confiscation under the GST Act.
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