2021 (12) TMI 655 - HC - GST

Detention of goods alongwith vehicle - impugned notice has been issued on the ground that the petitioner had admittedly transferred goods without the goods accompanying E-way Bill - HELD THAT - The respondent have only issued a notice proposing to impose penalty and tax. It is open to the petitioner to explain the same before the respondents, considering the fact that, the petitioner has also got the vehicle released on payment of the amount on 01.02.2019, there is no merits in the present writ petition. This writ petition is dismissed with liberty to the petitioner to participate in the said proceeding by filing a reply to the impugned notice dated 24.01.2019 within a period of 30 days from the date of receipt of a copy of this order - Petition dismissed.

Summary

Issues Involved:
Challenge to impugned notice dated 24.01.2019 for transferring goods without accompanying E-way Bill.

Analysis:
The petitioner challenged the notice dated 24.01.2019, contending that there was no tax evasion as the E-way bill was generated after the lorry was seized. The petitioner argued that the notice was issued contrary to Section 122(1) of the Act, which outlines various offenses and corresponding penalties. The respondent countered by stating that the demanded tax was paid at the time of detention, and the lorry was released for the goods to be delivered. The respondent argued that the writ petition should be dismissed as the notice was a proposal. The court considered both parties' arguments.

The court observed that the respondent had only issued a notice proposing penalty and tax, allowing the petitioner to explain before the authorities. Since the petitioner had already released the vehicle by paying the amount, the court found no merit in the writ petition. Consequently, the court dismissed the writ petition but granted the petitioner the liberty to participate in the proceedings by filing a reply to the notice within 30 days. The petitioner was also given the opportunity to explain the delay in generating the E-way Bill, leading to the lorry's detention. The respondent was directed to pass appropriate orders within 30 days after receiving the petitioner's reply, ensuring the petitioner's right to be heard either in person or via Video Conferencing.

Therefore, the court dismissed the writ petition with the mentioned observations, allowing the petitioner to engage in the proceedings and provide explanations within the specified timeframe. No costs were awarded, and connected miscellaneous petitions were closed as a result.