Petitioner | Tvt. LAF Enterprises |
Respondent | Commissioner of Commercial Tax |
Decision By | Madras High Court |
Date of Order or Judgement | 10-June-2022 |
Citation No. | 2022 (6) GSTPanacea 9 HC Madras W.P.NO.14374 OF 2022 |
Hon’ble Judge | Justice Anita Sumanth |
Decision | In Favour of Assessee |
Detention/Seizure is Invalid-Detention/Seizure of vehicle is invalid without issuance of Order. Act of detention of the vehicle is in gross contravention of the statutory provisions.
Detention/Seizure is Invalid-Facts of the Case
Detention/Seizure is Invalid-The petitioner claimed to have obtained iron scrap from multiple merchants and to be shipping it from Guwahati to Coimbatore.
The vehicle carrying the consignment have suffered mechanical difficulties on 29 May, 2020 as a result, the driver was forced to deviate from the planned route leading to the place of destination to identify a service shop for addressing the issue.
Detention/Seizure is Invalid-Argument Before the Court
Detention/Seizure is Invalid-According to the petitioner, the vehicle had been stationed at the Sri Veeraragavar service station at night. On May 30, 2022, at 12.30 a.m., the vehicle was intercepted at Sholavaram by the Deputy Tax Officer, Roving Squad, who, upon a perusal of the documents that the driver was carrying arrived at the conclusion that the goods were being re-routed without a proper e-way bill.
The interception was justified by the respondent relying upon a statement of the driver that was adverse to the petitioner. However, a copy of the statement has not been supplied to the petitioner.
The department confirmed that no order of detention was issued, and consequently, the question of service upon the petitioner does not arise.
The provisions of Section 129 (3) require the proper officer detaining or seizing the goods to issue a notice specifying the penalty payable and then pass an order within 7 days from the date of service of the notice.
Madras High Court Held
Detention/Seizure is Invalid-The court ruled that no notice has been issued till date though the seizure has been effected as early as 30 May,2022.
The respondent’s act of detention of the vehicle is in gross contravention of the statutory provisions.
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