Clarification on CGST Act Sections 129 & 130: Independent Operation, Evading Tax, Redemption Fines, and High Court Intervention

SYNERGY FERTICHEM PVT. LTD Versus STATE OF GUJARAT

SYNERGY FERTICHEM PVT. LTD Versus STATE OF GUJARAT - 2020 (33) G. S. T. L. 513 (Guj.) , [2020] 76 G S.T.R. 81 (Guj) Issues Involved:

1. Interpretation and application of Sections 129 and 30 of the Central Goods & Services Tax Act, 2017 (CGST Act).
2. Whether the authorities can invoke Section 130 directly without following the procedure under Section 129.
3. Whether the goods can be confiscated under Section 130 if tax and penalty under Section 129 have been paid.
4. Whether the physical availability of goods is necessary for imposing redemption fine under Section 130.
5. The scope of the High Court's intervention under Article 226 during the pendency of confiscation proceedings.

Detailed Analysis:

1. Interpretation and Application of Sections 129 and 130 of the CGST Act:

The court was called upon to interpret Sections 129 and 130 of the CGST Act. Section 129 deals with the detention, seizure, and release of goods and conveyances in transit, while Section 130 deals with the confiscation of goods or conveyances and the levy of tax, penalty, and fine. Both sections start with a non-obstante clause, indicating that they operate independently of each other. The court emphasized that Section 130, which provides for confiscation, is not dependent on Section 129 and that both sections are mutually exclusive.

2. Direct Invocation of Section 130 Without Following Section 129:

The court clarified that for invoking Section 130 at the threshold, the authorities need to make out a very strong case that the contravention was with a definite intent to evade payment of tax. Mere suspicion is not sufficient to invoke Section 130 directly. The authorities must record their reasons for such belief in writing, which should then be reviewed by a superior authority.

3. Confiscation Under Section 130 if Tax and Penalty Under Section 129 Are Paid:

The court held that even if the goods or conveyance are released upon payment of tax and penalty under Section 129, the authorities can later initiate confiscation proceedings under Section 130 if they find something incriminating against the owner of the goods. Section 130 is not dependent on Section 129(6), and the two sections operate independently.

4. Physical Availability of Goods for Imposing Redemption Fine:

The court addressed the issue of whether the physical availability of goods is necessary for imposing redemption fine under Section 130. It concluded that even in the absence of the physical availability of the goods or conveyance, the authority can proceed to pass an order of confiscation and also pass an order of redemption fine in lieu of confiscation.

5. Scope of High Court's Intervention Under Article 226:

The court noted that while it has wide powers under Article 226 of the Constitution, such powers should be exercised sparingly and only in extraordinary situations where substantial injustice has occurred. The court emphasized that it would not go into disputed questions of fact and that the extraordinary powers should be used to remedy situations where there is a complete violation of the procedure prescribed for confiscation.

Final Conclusion:

The court summarized its conclusions as follows:

- Sections 129 and 130 are independent of each other.
- Section 130 can be invoked directly only in strong cases where there is clear intent to evade tax.
- Confiscation proceedings can be initiated even after the payment of tax and penalty under Section 129.
- Physical availability of goods is not necessary for imposing redemption fine under Section 130.
- High Court's intervention under Article 226 should be limited to extraordinary situations where there is a clear violation of procedural requirements.

The court also suggested that the government consider translating GST rules and regulations into vernacular languages and setting up efficient dispute resolution mechanisms to minimize litigation and ensure smooth implementation of the new tax regime.