9911796707
TMI Blog2020 (2) TMI 374X X X X Extracts X X X X X X X X Extracts X X X X ..... udicatory process of determination of tax liability. It is admitted by the State Revenue that the petitioner had furnished a security in the form of a bank guarantee, equivalent to the amount payable under clause (a) of section 129(1) of the UPGST Act, 2017, upon demand made by the Revenue to furnish such security of like amount. The security in the form of a bank guarantee so furnished upon demand to the satisfaction of the State Revenue Authorities is clearly relatable to Section 129 (1)(c) of the UPGST Act, 2017 - The seized vehicle and goods have been released on the strength of such security deposit. Hence, the proceedings taken out under section 129 of the UPGST Act, 2017 are liable to be concluded in view of section 129 (5) of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be given effect to by the authorities. Instead, the authorities shall process the claims of the concerned assessee afresh as per the express stipulations in section 67 of the Act read with the relevant rules in that regard. In terms of this order, the competent authority shall call upon every assessee to complete the formality strictly as per the requirements of the stated provisions disregarding the order passed by the High Court in his case, if the same deviates from the statutory compliances. That be done within four weeks without any exception. 4. The order dated 4th December, 2019 while being passed in compliance of the orders of the judgment of the Hon'ble Supreme Court in M/s Kay Pan Fragrance Pvt. Ltd. (supra) is und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t to the amount payable under Clause (a) or Clause (b) in such form and manner as may be prescribed: Provided that no such goods or conveyance shall be detained or seized without serving an order of detention or seizure on the person transporting the goods. (2) The provisions of sub-section (6) of Section 67 shall, mutatis mutandis, apply for detention and seizure of goods and conveyances. (3) The proper officer detaining or seizing goods or conveyances shall issue a notice specifying the tax and penalty payable and thereafter, pass an order for payment of tax and penalty under Clause (a) or Clause (b) or Clause (c). (4) No tax, interest or penalty shall be determined under sub-section (3) without giving the person concerned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... T Act, 2017 shall be deemed to be concluded in view of Section 129(5) of the UPGST Act, 2017. 6. The scheme of Section 129 of the UPGST Act, 2017 is the most reliable guide of the legislative intent. Section 129 of the UPGST Act, 2017 contemplates a comprehensive scheme with a summary procedure for release of goods and conveyances seized in transit. The legislative intent is to secure revenue interests and equally to ensure expeditious release of the seized goods and conveyances. This procedure is distinct from the adjudicatory process of determination of tax liability. The scheme of Section 129 of the UPGST Act, 2017 thus achieves the purpose of keeping trade and commercial transactions unhindered by the adjudicatory process for dete ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee of the amount mentioned in the order, in compliance of the order passed by the Hon'ble Supreme Court. The operative portion of the said order passed by the authorities reads as under: 11. It is beyond dispute that the petitioner had furnished the security in the form of a bank guarantee of the amount and in the manner required of him by the State Revenue Authorities, under Section 129(1)(a) read with Section 129(1)(c) of the UPGST Act, 2017, even prior to the order dated 04.12.2019. The security in the shape of bank guarantee remains deposited with the State Revenue. The seized vehicle and goods have been released on the strength of such security deposit. Hence, the proceedings taken out under section 129 of the UPGST Act, ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
