2021 (12) TMI 475 - HC - GST

Seizure of goods alongwith the vehicle - contention is that the proceedings for confiscation are bad and are of harassment to the petitioner in carrying on its legitimate business - HELD THAT - On perusal of Form GST MOV-9, GST MOV-11 and the appellate order dated 07.10.2021, the case of the petitioner, prima facie , appears bonafide. The matter requires consideration. Learned Standing Counsel appearing for the respondents prays for and is granted four weeks' time to file a counter affidavit. Two weeks thereafter is allowed to the learned counsel for the petitioner to file a rejoinder affidavit.

Issues:
1. Constitution of appellate tribunal under Section 109 of the Central Goods and Services Act, 2017.
2. Challenge to the order dated 07.10.2021 passed by the Additional Commissioner Grade-II (Appeal)-Third, State Tax, Agra.
3. Submission of documents during interception and subsequent proceedings under Section 129(3) of the Act.
4. Allegations of attempted tax evasion and harassment to the petitioner's legitimate business.
5. Prima facie bonafide nature of the petitioner's case.
6. Granting time for filing counter affidavit and rejoinder affidavit.
7. Release of confiscated goods and conveyance upon payment and furnishing security.

Analysis:
1. The petitioner filed a petition as the appellate tribunal was not constituted under Section 109 of the Act. This lack of constitution led to the challenge of the order dated 07.10.2021 passed by the Additional Commissioner Grade-II (Appeal)-Third, State Tax, Agra. The absence of the tribunal necessitated the filing of the petition.

2. The petitioner's case revolved around the submission of documents during interception and subsequent proceedings under Section 129(3) of the Act. It was argued that while some documents were produced during interception, additional documents were attempted to be submitted later but were refused by the intercepting authority. The petitioner contended that the matter pertained to interstate transportation of goods, with invoices reflecting payment of IGST, challenging any presumption of tax evasion. The petitioner alleged that the confiscation proceedings were unjust and posed a threat to its legitimate business operations.

3. The learned Standing Counsel opposed the writ petition but failed to dispute the fact that the invoices and other documents were submitted in response to the show cause notice under Section 129(3) of the Act. Upon reviewing the relevant forms and the appellate order, the court found the petitioner's case to be prima facie bonafide, warranting further consideration.

4. Granting time for the respondents to file a counter affidavit and the petitioner to file a rejoinder affidavit, the court also issued directions for the release of confiscated goods and conveyance. The release was subject to the petitioner making a payment as per Section 130(2) of the Act based on the disclosed invoice amount and providing security for the remaining balance through a bond within two weeks.

In conclusion, the judgment addressed various legal aspects concerning the constitution of the appellate tribunal, submission of documents during interception, allegations of tax evasion, and the release of confiscated goods. The court's detailed analysis and directions aimed to ensure fairness and adherence to legal procedures in resolving the dispute at hand.

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