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2020 (4) TMI 495 - HC - GSTConfiscation of goods alongwith conveyance - levy of penalty and fine - Section 130 of GST Act - HELD THAT - By virtue of the order of this Court in M/S DEVASYA INDUSTRIES, PROPRIETOR KOKILABEN SURESHKUMAR PATEL VERSUS STATE OF GUJARAT 2019 (5) TMI 1771 - GUJARAT HIGH COURT , the truck as well as the goods have been released. Notice in the form GST MOV-10 - HELD THAT - The writ-applicant shall appear before the authority concerned and make good his case that the notice deserves to be discharged. Application disposed off.
Issues:
Challenge to notice for confiscation of goods and conveyance under Section 130 of the GST Act. Analysis: The writ-application under Article 226 of the Constitution of India sought various reliefs, including quashing the notice for confiscation of goods and conveyances with the levy of penalty under Section 130 of the GST Act. The petitioner also requested the release of the goods and truck detained by the respondent authorities. An interim relief was sought for the release of the goods during the pendency of the petition. The Court considered the submissions and directed the release of the detained goods and conveyance upon payment of tax and penalty, subject to a solemn undertaking by the petitioner to cover any deficit liability determined by the authorities. The petitioner was allowed to challenge the liability in accordance with the law. The petitioner was required to provide proof of payment, a copy of the undertaking, and identification documents for release. Notice was issued returnable on a specified date. The writ-applicant challenged the notice issued in the form GST MOV-10 for the confiscation of goods and conveyance with the levy of penalty and fine under Section 130 of the Act. Following the Court's order dated 23rd May 2019, the truck and goods were released. The Court directed the writ-applicant to present his case before the concerned authority regarding the notice in the form GST MOV-10 for possible discharge. Subsequently, the writ-application was disposed of, and direct service was permitted. In conclusion, the judgment addressed the challenge to the notice for confiscation of goods and conveyance under Section 130 of the GST Act. The Court's order allowed for the release of the detained goods and conveyance upon compliance with specified conditions, and the writ-applicant was directed to address the notice before the relevant authority. The judgment provided clarity on the interim relief granted and the steps to be taken by the petitioner regarding the challenged notice.
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