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2020 (5) TMI 93 - HC - GSTRelease of confiscated goods alongwith vehicle - section 129 of CGST Act - HELD THAT - The writ applicant availed the benefit of the interm-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 Involved:
1. Legality of the detention order under Section 129(1) of the GST Act. 2. Validity of the notice for confiscation of goods and levy of penalty under Section 130 of the GST Act. 3. Compliance with procedural requirements under Sections 129 and 130 of the GST Act. 4. Application of principles of natural justice. 5. Relevance of recent judicial pronouncements. Detailed Analysis: 1. Legality of the Detention Order under Section 129(1) of the GST Act: The writ applicant challenged the detention of goods and conveyance under Section 129(1) of the GST Act, arguing that the detention was "absolutely illegal, unlawful, contrary to the facts and evidence on record." The court noted that the detention order was issued without following the required procedures under Section 129, which mandates issuing a notice and affording an opportunity of hearing before passing an order. The court observed that the impugned notice contained various blanks, indicating non-compliance with statutory provisions. 2. Validity of the Notice for Confiscation of Goods and Levy of Penalty under Section 130 of the GST Act: The writ applicant contended that the notice for confiscation and penalty under Section 130 was issued without initiating proceedings under Section 129, which is not permissible. The court referred to the case of Synergy Fertichem Pvt. Ltd. v. State of Gujarat, which emphasized that Section 130 should not be invoked at the inception without following the due process under Section 129. The court highlighted that the authorities must first determine the nature of the contravention and whether it was with an intent to evade tax before issuing a notice under Section 130. 3. Compliance with Procedural Requirements under Sections 129 and 130 of the GST Act: The court underscored the importance of procedural compliance under Sections 129 and 130. It noted that Section 129 requires issuing a notice specifying the tax and penalty payable and providing an opportunity for hearing. Only if the tax and penalty are not paid within 14 days of detention can further proceedings under Section 130 be initiated. The court found that the authorities had bypassed these procedural steps, rendering the notice under Section 130 premature and unjustified. 4. Application of Principles of Natural Justice: The court emphasized that any action under Sections 129 and 130 must adhere to the principles of natural justice, which include providing a fair hearing and issuing a reasoned order. The court found that the authorities had failed to follow these principles, as the notice under Section 130 was issued without a proper hearing and without recording reasons for the belief that there was an intent to evade tax. 5. Relevance of Recent Judicial Pronouncements: The court referred to its recent judgment in Synergy Fertichem Pvt. Ltd. v. State of Gujarat, which clarified the application of Sections 129 and 130. The judgment stressed that not every contravention justifies invoking Section 130 and that authorities must record reasons for their belief in writing. The court reiterated that confiscation under Section 130 is an aggravated form of action and should be based on strong grounds, not mere suspicion. Conclusion: The court concluded that the show cause notice issued under GST MOV-10 deserved to be discharged due to non-compliance with procedural requirements and principles of natural justice. The writ application was disposed of, and the rule was made absolute to the extent that the applicant could challenge the show cause notice based on the recent judicial pronouncements. The proceedings under Section 130 were to continue in accordance with the law, with the applicant given the opportunity to present their case.
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