2020 (6) TMI 415 - HC - GST

Release of detained goods alongwith truck - section 130 of GST Act - HELD THAT - We should not interfere at the stage of adjudication of the confiscation proceedings under Section 130 of the Act. The adjudication proceedings shall proceed in accordance with law. However, we are inclined to grant some relief to the writ applicant so as to protect the goods getting damaged, but at the same time keeping in mind the interest of the State also. We direct the writ applicant to deposit an amount of ₹ 4,20,000/- towards tax and penalty with the authority concerned and also furnish a bank guarantee to the tune of ₹ 22,00,000/- of any Nationalized bank. We are asking the writ applicant to furnish the bank guarantee keeping in mind the value of the goods. On deposit of ₹ 4,20,000/- towards tax and penalty along with the bank guarantee of ₹ 22,00,000/- of any Nationalized bank, the authority concerned shall release the goods and the vehicle at the earliest. The deposit of bank guarantee shall abide by the final outcome after adjudication - Application disposed off.

Summary

Issues:
1. Writ application under Article 226 seeking relief from detention order and confiscation notice.
2. Detention of goods in transit due to discrepancies in documents.
3. Passing of orders under Sections 129 and 130 of the Central/Gujarat Goods and Services Tax Act, 2017.
4. Quashing of final order of confiscation without giving an opportunity of hearing.
5. Adjudication of confiscation proceedings under Section 130 of the Act.
6. Legal challenge to detention and seizure as illegal.
7. Opposition citing irregularities in documents and further inquiry findings.
8. Statutory remedy of appeal under Section 107 of the Act.
9. Court's decision not to interfere in the adjudication proceedings but granting relief to protect goods and state's interest.

Analysis:
The writ applicant, a sole proprietor of a firm dealing in aracanut and spices, sought relief through a writ application under Article 226 for quashing a detention order and confiscation notice related to a consignment intercepted during transit. The goods were seized due to discrepancies in documents when the vehicle was intercepted in March 2020. Initially, orders were passed under Sections 129 and 130 of the GST Act, determining tax and penalty and calling for a show cause on confiscation. A final confiscation order was quashed for lack of hearing, leading to ongoing adjudication proceedings under Section 130. The applicant challenged the detention as illegal, claiming valid documents were present, and no breach of laws occurred.

The Government Pleader opposed the writ, citing irregularities found during further inquiry, including defective documents, questionable quality of goods, and discrepancies in business operations. The Pleader highlighted the statutory appeal provision under Section 107 for aggrieved parties. The court, after hearing both parties and reviewing the case, decided not to interfere in the ongoing adjudication but granted relief to protect the goods and state's interest. The applicant was directed to deposit a specified amount towards tax and penalty and provide a bank guarantee to ensure protection of goods pending adjudication. The court clarified that its decision did not reflect on the case's merits, leaving the adjudication proceedings to proceed independently.

In conclusion, the court disposed of the writ application by directing the applicant to comply with the specified deposit and guarantee conditions for the release of goods and the vehicle, emphasizing the need to safeguard both the applicant's and the state's interests during the ongoing adjudication of the confiscation proceedings.