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2020 (5) TMI 125 - 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:
Release of seized goods and trucks under Section 129(1)(a) of the Gujarat Goods and Service Tax Act, 2017. Analysis: The petitioner filed a Writ Application under Article 226 of the Constitution of India seeking the release of seized goods and trucks under Section 129(1)(a) of the Gujarat Goods and Service Tax Act, 2017. The petitioner requested a Writ of Mandamus or Certiorari, provisional release of goods pending disposal, and any other necessary orders. The Court noted a previous order directing release upon payment of tax and penalty, subject to conditions. The petitioner availed the interim order, releasing the goods on tax payment. The proceedings are at the show cause notice stage under Section 130 of the Central Goods and Services Act, 2017. The petitioner may refer to a recent judgment for support. The Court discussed the provisions of Section 129 and related procedures. It emphasized the need for authorities to consider the nature of contravention and intent to evade tax during detention and seizure. The Court highlighted the importance of proper examination before invoking Section 130 for confiscation. It noted that not all contraventions automatically lead to confiscation and that authorities must have justifiable grounds for such action. The judgment stressed the need for authorities to apply their minds and have valid reasons for invoking confiscation at the outset. The Court clarified that while authorities can invoke Section 130 at the detention stage, they must establish a strong case with clear reasons. Mere suspicion is insufficient, and authorities must record their belief in writing for review. The judgment emphasized the need for materials supporting the belief of evasion for confiscation. It cited a Supreme Court case requiring intense application of mind and good faith in forming opinions for confiscation. The judgment highlighted that actions must be genuine and not mere pretense, ensuring a fair and reasonable process. In conclusion, the Court disposed of the writ application, making the rule absolute to the extent specified. The petitioner was given the opportunity to challenge the show cause notice issued, emphasizing the need for a valid case for discharge. The judgment provided detailed insights into the legal procedures and considerations related to the release and confiscation of goods under the GST Act, ensuring a fair and lawful process.
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