2019 (10) TMI 1132 - HC - GST

Importance of Timely Disposal of Seized Goods Under GST Act | Compliance with Section 67(8) & Rule 141

M/s Mahaveer Trading Company Versus State Of U.P. And 2 Others

The Allahabad High Court, in a judgment by Justices Bharati Sapru and Rohit Ranjan Agarwal, disposed of a writ petition concerning the release of ... Release of goods - CGST Act, 2017 - section 67(8) of the Act read with Rule 141 of the relevant Rules - HELD THAT:- The Central Goods and Services Tax Act, 2017 provides a complete procedure for release of such goods, as contained in section 67(8) of the Act read with Rule 141 of the relevant Rules - Subject to compliance of the above provisions of law, the goods so seized may be considered for release within next one week. Petition disposed off. Issues: Release of perishable and hazardous goods under Central Goods and Services Tax Act, 2017In this judgment by the Allahabad High Court, the issue at hand was the release of goods that were both perishable and hazardous in nature. The court noted that the Central Goods and Services Tax Act, 2017 provides a specific procedure for the release of such goods, as outlined in section 67(8) of the Act read with Rule 141 of the relevant Rules. According to Section 67(8), the government has the authority to specify perishable or hazardous goods that should be disposed of promptly after seizure, considering various factors such as depreciation in value, storage constraints, and other relevant considerations. Rule 141 details the procedure for seized goods, stating that if the taxable person pays an amount equivalent to the market price of the goods or the tax, interest, and penalty payable, whichever is lower, the goods must be released immediately upon payment. The court emphasized that compliance with these legal provisions would enable the release of the seized goods within the following week.The judgment, delivered by Justices Bharati Sapru and Rohit Ranjan Agarwal, concluded that the writ petition regarding the release of the perishable and hazardous goods was disposed of in accordance with the aforementioned provisions of law. The ruling highlighted the importance of following the prescribed procedure under the Central Goods and Services Tax Act, 2017 to ensure the timely release of such goods. The judgment underscored the significance of adhering to legal requirements and timelines in cases involving perishable and hazardous goods to prevent any adverse impact on the goods or the parties involved.