Can goods & conveyance be seized and detained when inquiry is in progress GST MOV-10?

progress GST MOV-10

Case Title

Royal Impex vs State of Gujarat

Court

Gujarat High Court

Honorable Judges

Justice J.B.Pardiwala & Justice Nisha M.Thakore

Citation

2022 (3) GSTPanacea 295 HC Gujarat

C/SCA/4904/2022

Judgement Date

09-March-2022

Council for Petitioner

Uchit N Sheth

Council for Respondent

Utkarsh Sharma

Section

Section 67(6) of the GST Act

In Favour of

In Favour of Assesses

The Gujarat High Court bench of Justice J.B.Pardiwala & Justice Nisha M.Thakore has held that direct  the respondent  to release the goods and the conveyance on the condition that the writ-applicant shall deposit the amount of Rs.17,66,620/- towards tax & penalty. Court leave it open to the Department to continue with the inquiry at the stage of GST MOV-10.

Facts of the Case

The writ-applicant is a Proprietary Concern having its place of business at Thane, State of Maharashtra. The writ-applicant is a registered taxable person under the Maharashtra Goods and Services Tax Act, 2017. The writ-applicant that it has been supplying goods to various parties in the State of Gujarat. In the case on hand, the writ-applicant dispatched goods from Thane to be received by three individual parties within the State of Gujarat. The goods are in the nature of Brass Scrap. While the goods were in transit, the conveyance was seized and detained. The matter as on date is at the stage of GST MOV-10. The inquiry is in progress. The writ applicant would submit that his client is ready and willing to deposit an amount of Rs.17,66,620/- [Rupees Seventeen Lakh Sixty Six Thousand Six Hundred Twenty Only] towards tax and penalty and upon deposit of the same. The writ-applicant has prayed for the following reliefs Writ in the nature of mandamus or any other appropriate writ or order quashing and setting aside impugned confiscation notice in Form GST MOV 10 (annexed at Annexure A) and the goods and conveyance under detention may please be ordered to be forthwith released. In the alternative, Be pleased to issue a writ of mandamus or writ in the nature of mandamus directing the 2nd respondent authority to forthwith provisionally release the goods and conveyance under Section 67(6) of the GST Act.

progress GST MOV-10

Court Held

Considering the facts as recorded, held that dispose of this writ-application with a direction to the respondent to release the goods and the conveyance on the condition that the writ-applicant shall deposit the amount of Rs.17,66,620/-. Once such amount is deposited, the respondent no.2 shall release the goods and the conveyance forthwith. Court clarify that they have even otherwise not gone into the merits of the case. Court leave it open to the Department to continue with the inquiry at the stage of GST MOV-10.

progress GST MOV-10

Analysis of the Judgement

Applicant would submit that his client is ready and willing to deposit an amount of Rs.17,66,620/- towards tax and penalty. and upon deposit of the same, Respondent would submit that if the writ-applicant is ready and willing to deposit the amount as aforesaid, the goods and the conveyance may be released leaving it open to the respondents to continue with the inquiry at the stage of GST MOV-10. Court direct the respondent  to release the goods and the conveyance on the condition that the writ-applicant shall deposit the amount of Rs.17,66,620/- towards tax & penalty. Court leave it open to the Department to continue with the inquiry at the stage of GST MOV-10.

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Royal Impex

For Reference Visit:

Gujarat High Court