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2019 (11) TMI 887 - HC - GSTValidity of detention order - detention on the ground that at the time of detention of the vehicle, the original invoice was not produced by the driver of the vehicle - Rule 138A of the SGST Rules - HELD THAT - The absence of an invoice can be a valid ground for detention under Section 129 of the GST Act. Accordingly, I find that the detention in Ext.P4 order is justified. It is directed that if the petitioner furnishes the bank guarantee for the tax and penalty amount determined in Ext.P4, then the respondent shall release the consignment and the vehicle to the petitioner, and thereafter proceed for adjudication in terms of Section 138 of GST Act, after hearing the petitioner. Petition disposed off.
Issues: Challenge against Ext.P4 detention order due to absence of original invoice during transportation of goods.
Analysis: 1. The writ petition challenges the Ext.P4 detention order, which detained a consignment of goods being transported by the petitioner due to the absence of the original invoice during the vehicle's detention. The petitioner argued that the original invoice was shown in electronic format to the check post authorities, questioning the justification for detention. 2. The Government Pleader cited Rule 138A of the SGST Rules, stating that the transporter must present a copy of the invoice and the e-way bill. While the e-way bill can be in electronic format, the invoice must be in documentary form. As the invoice was not produced in this case, leading to the goods' detention. 3. Upon considering both arguments, the court found merit in the Government Pleader's submission that the absence of an invoice is a valid ground for detention under Section 129 of the GST Act. Consequently, the court deemed the detention in Ext.P4 order as justified. However, in response to the petitioner's plea, the court directed that if the petitioner provides a bank guarantee for the tax and penalty amount determined in Ext.P4, the respondent must release the consignment and the vehicle to the petitioner. Subsequently, the respondent should proceed for adjudication under Section 138 of the GST Act after hearing the petitioner. 4. The judgment disposed of the writ petition with the above directions, emphasizing the importance of complying with the documentary requirements for transporting goods under the GST Act and providing a pathway for the petitioner to secure the release of the detained consignment and vehicle.
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