security is given in cash
Case Title | M/S Kaydee Audio Vision Pvt. Ltd vs State Of U.P. And 3 Others. |
Court | Allahabad High Court |
Honorable Judges | Justice Saumitra Dayal Singh,J. |
Citation | 2022 (5) GSTPanacea 245 HC Allahabad WRIT TAX No. – 776 of 2022 |
Judgement Date | 31-May-2022 |
Council for Petitioner | Mr. Praveen Kumar |
Council for Respondent | Mr.C.S.C |
The Allahabad High Court, bench of Justice Saumitra Dayal Singh,J, has held the matter is remitted to the appellate authority to decide the appeal afresh, on merits without raising any objection as to limitation.
security is given in cash
FACTS OF THE CASE
Brief Fact of the Case are that the petitioner had been visited with an order for imposition of tax Rs. 5, 35,335/- and equal amount of penalty on a transaction on import of goods. At that stage, the petitioner had approached this Court wherein the petitioner raised challenge to the penalty, amongst others on the ground – the requirement of e-way bill to accompany the goods was not in place in the State of U.P., at the relevant time. The Court had passed order stating The goods of the petitioner as well as the vehicle be released by the authorities subject to deposit of security other than cash or bank guarantee or in the alternative an indemnity bond equal to the value of tax and penalty leviable subject to the satisfaction of the seizing authority. It is also on record that similar orders were passed by the Division Bench of this Court, in other cases, as well. Further, a list of 306 cases that were pending on the date of compliance thus made by the revenue authorities, was also provided.
security is given in cash
COURT HELD
The Court took the reference of the case State of U.P. & Ors. Vs. M/S Kay Pan Fragrance Pvt. Ltd. In that the court had stated that there is no reason why any other indulgence need be shown to the assessees, who happen to be the owners of the seized goods. They must take recourse to the mechanism already provided for in the Act and the Rules for release, on a provisional basis, upon execution of a bond and furnishing of a security, in such manner and of such quantum (even upto the total value of goods involved), respectively, as may be prescribed or on payment of applicable taxes, interest and penalty payable, as the case may be, as predicated in Section 67(6) of the Act. In the interim orders passed by the High Court which are subject matter of assail before this Court, the High Court has erroneously extricated the assessees concerned from paying the applicable tax amount in cash, which is contrary to the said provision.
security is given in cash
ANALYSIS OF THE JUDGEMENT
From the above case we can conclude that upon execution of a bond and furnishing of a security, giving cash or Bank Guarantee, in such manner and of such quantum (even upto the total value of goods involved), respectively, as may be prescribed or on payment of applicable taxes, interest and penalty payable, the goods of the owner which are seized shall be released from the custody of GST Authorities.
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M/S Kaydee Audio Vision Pvt. Ltd
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