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2022 (11) TMI 324 - HC - GSTConfiscation of goods alongwith the vehicle - Section 129 and 130 of the Central Goods and Services Tax Act, 2017 - HELD THAT - This Court observed that both the counsels did not notice the earlier order passed by the Division Bench of this Court in Matrix Traders Versus Deputy Assistant Commissioner 2022 (5) TMI 741 - ANDHRA PRADESH HIGH COURT though it was annexed in the application. The said order is squarely applicable to the issue involved in this writ petition and that learned counsel for the petitioner requested to modify the order of this Court dated 26.05.2022 in terms of order passed by the Division Bench in W.P.No.12843 of 2022, dated 04.05.2022. There shall be stay of further proceedings pursuant to the impugned confiscation order dated 27.04.2022 and the subject goods and conveyance shall be released subject to condition that the petitioner shall pay 1/4th of the amount proposed by the respondent authorities in the impugned show cause notice and on execution of personal bond for rest of the amount. Application allowed.
Issues:
1. Jurisdiction of invoking Section 130 of the Central Goods and Services Tax Act, 2017. 2. Applicability of Section 129 in cases related to goods in transit. 3. Stay against confiscation order and the financial implications on the petitioner. 4. Discrepancy in the amount required for obtaining a stay against the confiscation order. 5. Modification of the earlier order in light of a Division Bench's decision. Analysis: 1. The petitioner challenged the jurisdiction of invoking Section 130 of the CGST Act, 2017, contending that the 1st respondent acted without jurisdiction. The petitioner argued that the amendment to Sections 129 and 130 by the Finance Act, 2021, removed the Non-Obstente clause from Section 130, making Section 129 the overriding provision for goods in transit. The petitioner referenced a Gujarat High Court case and an interim order to support this argument. 2. The petitioner emphasized that Section 129 of the Act specifically deals with goods in transit and any penalties should be levied under this section. The Non-Obstente clause in Section 129 indicates legislative intent to prevent the application of other provisions of the Act in such cases. The petitioner sought a modification of the earlier order to align with this interpretation. 3. The petitioner raised concerns about the financial burden imposed by the earlier order, which required a 50% deposit of the fine amount within four weeks. This condition led to financial losses for the petitioner, who also highlighted the impact on the goods and vehicle under the custody of the respondents. 4. Another issue raised was the disparity in the amount needed to secure a stay against the confiscation order. The petitioner argued that the 50% deposit was excessive compared to the statutory requirement of 10% disputed tax amount for a deemed stay under Section 107(11) of the CGST Act, 2017. 5. The Court noted that both parties overlooked a previous Division Bench order that was relevant to the present case. Following the precedent set by the Division Bench in a similar matter, the Court decided to modify the earlier order. The modified order allowed for a stay of further proceedings related to the confiscation order, with the petitioner required to pay 1/4th of the proposed amount and execute a personal bond for the remaining sum. This modification aligned with the Division Bench's decision and addressed the petitioner's concerns effectively.
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