2021 (10) TMI 882 - HC - GST

Seeking provisional release of goods alongwith vehicle - discrepancy as per invoice and quantity loaded on conveyance - Section 67(6) of the Central / Gujarat Goods and Service Tax Act - HELD THAT - Let a speaking order be passed by the authority / officer concerned in this regard on the issue of provisional release to enable the petitioner to take necessary legal course if in case there arises any need for challenge. The period of two weeks shall be allowed before the officer concerned chooses to pass the order of confiscation in the form of GST MOV 11. This writ application is disposed off with a direction to the respondent No.2 to look into the application and pass appropriate order in accordance with law. Since the hearing is scheduled tomorrow, we direct to first consider the application for release of the goods and vehicle in accordance with law. Let this exercise be undertaken without further loss of time - petition disposed off.

Summary

Issues:
Detention of goods due to non-availability of e-way bill, alleged suspension of recipient's registration, undervaluation of goods, and confiscation notice under Section 130 of the GST Act.

Detention of Goods:
The petitioner, a proprietorship firm, faced network outages while trying to generate an e-way bill for the transportation of arecanut. The transporter, in a rush, moved the goods without the e-way bill, leading to interception by the authority. Despite no discrepancy in quantity, the goods were detained for lack of the e-way bill.

Alleged Violations:
The authority alleged the recipient's registration was suspended, and the goods were undervalued, apart from the missing e-way bill. The petitioner contested the suspension claim, citing an active registration. The authority issued a detention order and confiscation notice on these grounds.

Legal Proceedings:
The petitioner sought provisional release of the goods and vehicle under Section 67(6) of the GST Acts and objected to the confiscation notice under Section 130 of the Act. The court directed the authority to consider provisional release, emphasizing compliance with the law and previous court directives.

Court's Decision:
The court refrained from delving into the merits of the case at the detention stage but emphasized the importance of provisional release under Section 67(6) of the Act. It instructed the authority to pass a speaking order on the provisional release request within two weeks, aligning with previous court orders and guidelines.

Conclusion:
The court disposed of the petition, allowing for necessary legal recourse if the provisional release request is not granted within the specified timeline. The decision aimed to ensure compliance with legal provisions and prior court directions, without prejudging the merits of the case.