2024 (6) TMI 1151 - HC - GST

Deletion of temporary registration bearing registration - no e-way bill generated for the said vehicle - absence of the documents which are required along with the transport vehicle - HELD THAT - On perusal of the Rule 16 of the GST Rules, sub-rule (1) provides that pursuant to survey, enquiry, inspection, search or any other proceedings under the Act, the proper officer finds that a person liable to be registered under the Act has failed to apply for such registration, the officer may register the said person on a temporary basis and issue an order in FORM GST REG-12. Sub-rule (3) provides that every person to whom temporary registration has been granted, shall, within a period of ninety days from the date of the grant of such registration, submit an application for registration in the form and manner provided in Rule 8 or Rule 12. Proviso to sub-rule (3) provides that the person may file an appeal against the grant of temporary registration, in such case, the application for registration shall be submitted within a period of thirty days from the date of the issuance of the order upholding the liability to registration by the Appellate Authority. As per clause (i), a person making any inter-State taxable supply is required to have compulsory registration notwithstanding anything contained in sub-section (1) of Section 22. The petitioner was not having the registration for inter-state supply from Unjha to Andhra Pradesh and accordingly, the respondent authority was justified in creating temporary registration. Considering the gross facts of the case where it is very apparent that the petitioner has indulged in misusing the provisions of the GST Act by issuing the bills for the goods which were loaded from Gujarat to be transported to Andhra Pradesh showing that the goods have been purchased from Jalore Sanchore at Rajasthan, further investigation is required to be made by the respondent authority along with the Rajasthan GST authority. The respondent authority is directed to conduct the thorough inquiry in the matter and find out the modus operandi adopted by the petitioner and take proper action under the provisions of the GST Act in accordance with law - petition dismissed.

Summary

Issues Involved:
1. Validity of temporary GST registration.
2. Confiscation of goods and conveyance.
3. Jurisdiction of GST authorities.
4. Compliance with GST procedural requirements.
5. Alleged misuse of GST provisions by the petitioner.

Issue-wise Detailed Analysis:

1. Validity of Temporary GST Registration:
The petitioner challenged the creation of a temporary GST registration number 242400000174TMP by the respondent authorities. The petitioner argued that the temporary registration was created without proper service of the order. The court examined Section 25 of the GST Act and Rule 16 of the GST Rules, which authorize the GST officer to grant temporary registration if a person liable to be registered fails to apply. The court found that the respondent authority was justified in creating the temporary registration as the petitioner was making inter-state taxable supplies without proper registration.

2. Confiscation of Goods and Conveyance:
The petitioner contested the confiscation of goods and conveyance under Section 130 of the CGST Act. The goods were intercepted for being transported without proper documentation, including discrepancies in the vehicle number and GSTIN of the consignee. The respondent authority issued orders in Forms GST MOV-01, MOV-02, MOV-04, MOV-06, and finally MOV-11 for confiscation. The court upheld the respondent's actions, noting the discrepancies and lack of compliance by the petitioner, including failure to provide evidence of purchase and loading from Rajasthan.

3. Jurisdiction of GST Authorities:
The petitioner argued that the GST authorities in Gujarat did not have jurisdiction as the goods were transported from Rajasthan. The court found that the interception occurred in Gujarat, giving the local authorities jurisdiction. The court also noted that the petitioner's business premises in Rajasthan were found non-existent during a spot verification by the Rajasthan GST department, further justifying the actions taken by the Gujarat authorities.

4. Compliance with GST Procedural Requirements:
The petitioner failed to comply with GST procedural requirements, including generating e-way bills and filing returns. The court noted that the petitioner did not provide evidence of purchase from Rajasthan and had not filed any returns since obtaining GST registration. The court emphasized the importance of compliance with GST procedural requirements and found that the petitioner's actions indicated an intent to evade tax.

5. Alleged Misuse of GST Provisions by the Petitioner:
The court found that the petitioner misused GST provisions by issuing invoices showing goods purchased from Rajasthan, while the goods were actually loaded from Gujarat. The court highlighted the discrepancies in the documents and the suspicious nature of transactions involving the petitioner and other entities. The court directed the respondent authority to conduct a thorough inquiry into the petitioner's activities and take appropriate action under the GST Act.

Conclusion:
The court dismissed the petition, upholding the actions of the respondent authorities, including the creation of temporary GST registration, confiscation of goods and conveyance, and jurisdiction over the matter. The court directed further investigation into the petitioner's activities to uncover any misuse of GST provisions. The petition was dismissed with no order as to costs.