Petitioner | Algae Labs (P). Ltd. |
Respondent | STO |
Decision by | Madras High Court |
Date of order or Judgement | 4–April-2022 |
Citation no. | WP (MD) No. 4958 of 2022 2022 (4) GSTPanacea 54 HC Madras |
Hon’ble Judge | Mr. Justice C.Saravanan |
Decision | In Favour of Assessee |
Post Facto Amendment in Address-Post facto amendment (inclusion) of address in the GST registration as well as in the E-Way Bill, does not amount to detention under Section 129
Post Facto Amendment in Address-Facts of the Case
Post Facto Amendment in Address-The petitioner is new start up company is engaged in research and development of Alage and its utilization. The petitioner placed purchase order for supply of a specialized spray dryer and the parts from M/s. ABV Engineering, Ahmedabad. The supplier sent the consignment of the goods accompanied with the invoice and E-Way Bill mentioning the name and address of the Consignee. The Vehicle along with goods were seized by the respondent on the ground that the address of the Consignee mentioned is not matching with the address mentioned in the GST registration of the Petitioner.
Argument Before Court
Post Facto Amendment in Address-Petitioner’s Contention
The appellant submitted that there is no violation of section 129 as the transporter not only accompanied tax invoice, but also E-way Bill showing sufferance of tax to the goods transported from Gujarat to the petitioner. The petitioner submits that the petitioner has entered into a Lease agreement with one of the Directors of the petitioner Company. Said Director running a Proprietary concern at the premises called Tvl. Pinnacle Biosciences and the above said premise has been taken on rent by the petitioner. The petitioner has also amended address in his GST Registration.
Post Facto Amendment in Address-Respondent’s Argument
It is submitted that the place of delivery of the consignment is the business place of Lessor, who is also in the same trade and thus, there is an attempt to evade tax. It is further submitted that the attempt was to clear the goods to the said Tvl. Pinnacle Biosciences and therefore, the impugned order cannot be interfered.
Madras High Court Held
Post Facto Amendment in Address-The Hon’ble High Court held that it has not been disputed from both, the petitioner and the respondent, that the new address has now been added to the GST registration of the petitioner. Thus, there is a post facto inclusion of the address mentioned in the invoice and E-way bill. The Hon’ble High Court with the above findings and referring to the decision in M/S. Smart Roofing Private Limited Vs. The State Tax Officer (Int), Adjudication-II, Madeira wherein relief was granted to the assessee in case of post facto amendment (inclusion) of address in the GST registration, which was mentioned in the invoice as well as in the E-Way Bill, does not amount to detention under Section 129 of the Act. Hence, there is no attempt to evade tax and allowed the writ petition by quashing the impugned order.
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