2023 (4) TMI 491 - HC - GST

Seeking release of Bank Guarantee - suppression in either invoices or bill of the supply of delivery challan in transit - double imposition of tax and penalty upon the shipment, which has already paid proper tax - HELD THAT - This instant writ petition is disposed of with a liberty to the petitioner herein to file an appeal against the impugned action of the respondents. The Appellate Authority before deciding the appeal shall consider the matter in its entirety including the issue that is pending before the Hon ble Supreme Court. Further, till the appeal is decided, the Bank Guarantee that is furnished by the petitioner shall continue. This instant writ petition is disposed of.

Summary

Issues:
Transportation of consignment with incorrect vehicle class on E-Way Bill leading to tax and penalty imposition, detention of vehicle, and bank guarantee release.

Analysis:
The petitioner, a registered transporter, was booked for a consignment delivery but mistakenly mentioned the vehicle class as 'ODC' instead of a normal vehicle on the E-Way Bill. The transporter's vehicle was intercepted, leading to tax and penalty imposition for the incorrect vehicle description. The petitioner filed a writ petition seeking the release of the bank guarantee and challenging the detention and tax penalty. The petitioner argued that there was no suppression of information, and any minor anomaly in the E-Way Bill should not result in tax and penalty imposition. The respondent contended that the incorrect vehicle class was intentional to avail benefits. The respondent also mentioned a pending challenge on the penalty issue in the Supreme Court.

The court, after hearing both parties, disposed of the writ petition with liberty granted to the petitioner to appeal against the respondent's actions. The appellate authority was directed to consider the matter comprehensively, including the issue pending in the Supreme Court. The court ordered the continuation of the bank guarantee until the appeal decision. The writ petition was ultimately disposed of with the above observations and directions, closing any pending applications.

This judgment highlights the importance of accurate documentation in transportation, the consequences of incorrect information on official documents like the E-Way Bill, and the legal recourse available to parties aggrieved by tax and penalty imposition. The court's decision to allow an appeal and consider all aspects of the case, including pending legal challenges, demonstrates a fair and thorough approach to resolving the dispute between the transporter and the enforcement authorities.