2020 (9) TMI 680 - HC - GST

Maintainability of petition - availability of statutory appeal under Section 107 of the Act - Provisional release of the goods and conveyance under Section 67(6) of the Act - perishable goods - HELD THAT - The client of Mr. Vora should prefer statutory appeal under Section 107 of the Act against the order passed under Section 130 of the Act. Mr. Vora would submit that his client would be filing an appeal in near future. Such application could have been preferred only after filing of the appeal under Section 107 of the Act. Be that as it may, if an appeal is filed, the authority concerned shall immediately take up the application filed by the writ applicant for provisional release of goods and conveyance under Section 67(6) of the Act and pass appropriate order in accordance with law, within a period of 8 days thereafter.

Summary

Issues:
1. Confiscation of perishable goods and levy of penalty under Section 130 of the GST Act
2. Release of perishable goods detained/seized under Section 129 and 130 of the GST Act
3. Provisional release of perishable goods under Section 67(6) of the Act
4. Preferential filing of statutory appeal under Section 107 of the Act

Analysis:

Issue 1: The writ applicant sought relief against the order issued for confiscation of perishable goods and levy of penalty under Section 130 of the GST Act. The Court noted the final order of confiscation had already been passed. The applicant's counsel argued for the release of goods due to their perishable nature. However, the Court directed the applicant to file a statutory appeal under Section 107 of the Act against the confiscation order.

Issue 2: The applicant also requested the release of goods detained/seized under Sections 129 and 130 of the GST Act. The Court emphasized the need for the statutory appeal process to be followed. The applicant's counsel mentioned an application for provisional release under Section 67(6) of the Act had been made. The Court stated that such an application should have been filed after the appeal under Section 107. It directed the concerned authority to address the application for provisional release within 8 days of the appeal filing.

Issue 3: The Court addressed the issue of the provisional release of perishable goods under Section 67(6) of the Act. It clarified that the application for provisional release should have been made post the appeal filing. The Court instructed the authority to promptly consider the application in accordance with the law within 8 days after the appeal submission.

Issue 4: The Court highlighted the importance of following the statutory appeal process under Section 107 of the Act. The applicant was advised to file the appeal, and it was mentioned that the concerned authority would review the application for provisional release once the appeal was lodged. The judgment was concluded by disposing of the writ application, with instructions for prompt action on the application for provisional release.

This detailed analysis of the judgment provides insights into the Court's decision-making process regarding the confiscation, release, and appeal procedures under the GST Act, emphasizing compliance with statutory requirements and timelines.