2019 (10) TMI 270 - HC - GST

Release of seized goods alongwith the vehicle - section 130 of the Central Goods and Services Tax Act, 2017 - HELD THAT - By way of ad-interim relief, the respondents are directed to release the vehicle along with the goods contained therein subject to the petitioner filing an undertaking that in case if, ultimately, it does not succeed in the proceedings, it shall deposit the balance amount payable, as may be computed by the respondent authorities, which shall be without prejudice to the right of the petitioner to challenge any adverse order that may be passed. Issue Notice, returnable on 23.10.2019.

Summary

Issues involved:
1. Interpretation of Rule 32 of the Central Goods and Services Tax Rules, 2017 regarding valuation of second-hand goods.
2. Validity of initiating proceedings for confiscation of goods under section 130 of the Central Goods and Services Tax Act, 2017.

Interpretation of Rule 32 of the Central Goods and Services Tax Rules, 2017 regarding valuation of second-hand goods:
The petitioner argued that as the goods in question were valued at less than &8377; 50,000 and were second-hand goods, the provisions of Rule 32(5) should apply. Rule 32(5) states that the value of supply for second-hand goods shall be the difference between the selling price and the purchase price, with any negative value being ignored. The petitioner contended that they had already paid the tax and penalty as per this rule. Despite the petitioner's explanation and compliance, the respondents proceeded under section 130 of the Act for confiscation of the goods. The Court, considering these submissions, issued a Notice returnable on a specified date.

Validity of initiating proceedings for confiscation of goods under section 130 of the Central Goods and Services Tax Act, 2017:
The petitioner, not being a "fly by night operator," argued that despite providing a proper explanation, the respondents initiated proceedings for confiscation of the goods under section 130 of the Act. The Court, in response to the submissions, directed the respondents to release the vehicle and goods subject to the petitioner filing an undertaking to deposit the balance amount if they do not succeed in the proceedings. This directive was given without prejudice to the petitioner's right to challenge any adverse order that may be passed. The Court also permitted direct service in this matter.

This judgment from the Gujarat High Court involved the interpretation of Rule 32 of the Central Goods and Services Tax Rules, 2017 concerning the valuation of second-hand goods and the validity of initiating confiscation proceedings under section 130 of the Central Goods and Services Tax Act, 2017. The Court considered the petitioner's arguments regarding the application of Rule 32(5) for second-hand goods valued under a certain threshold and directed the release of the goods subject to certain conditions. The Court also allowed for further proceedings and challenges to any adverse orders that may be passed.