2020 (1) TMI 739 - HC - GST

Release of Detained Goods: Bank Guarantee Required for Tax Penalty

The court directed the release of a detained conveyance and goods upon the petitioner providing a bank guarantee totaling Rs. 7,30,782 for penalty under ... Release of detained conveyance along with the goods - submission of learned counsel for the petitioner is that the tax in respect of the goods carried in the aforesaid conveyance already stands paid by the respective suppliers and that the petitioner was only transporting the goods - HELD THAT:- The respondents are directed to release the vehicle aforesaid alongwith the goods, upon the petitioner furnishing a bank guarantee for the penalty amount under the CGST Act, DGST Act and Cess, totalling to ₹ 7,30,782/- - the petitioner shall also provide requisite proof in the form of monthly returns to establish that the tax on the goods in question, being transported, stands paid. List on 13.08.2020. Issues:1. Challenge to order dated 02.12.2019 passed by the Appellate Authority, Delhi, GST2. Challenge to order of demand of tax and penalty passed by Proper Officer, State GST, Ward 743. Detention of conveyance and goods by respondent on 05.08.20194. Interpretation of Section 129 (1) (c) of the CGST Act regarding release of seized goods and conveyance5. Requirement of furnishing a bank guarantee for penalty amount under the CGST Act, DGST Act, and Cess6. Provision of proof through monthly returns to establish payment of tax on goods in question7. Deadline for providing bank guarantee and release of vehicle and goodsAnalysis:1. The petitioner approached the court challenging the order dated 02.12.2019 passed by the Appellate Authority, Delhi, GST, and the order of demand of tax and penalty issued by the Proper Officer, State GST, Ward 74. The petitioner sought the release of a detained conveyance and goods. The appellate tribunal of GST was non-functional due to a stay granted by the court in a previous case, leading to the filing of the present writ petition.2. The petitioner argued that the tax on the goods in the detained conveyance had already been paid by the suppliers, and the petitioner was merely transporting the goods. Reference was made to Section 129 (1) (c) of the CGST Act, which allows the release of seized goods and conveyance upon furnishing a security equivalent to the tax and penalty amount. The court directed the respondents to release the vehicle and goods upon the petitioner providing a bank guarantee totaling to Rs. 7,30,782 for penalty under the CGST Act, DGST Act, and Cess.3. Additionally, the petitioner was instructed to submit proof in the form of monthly returns to demonstrate the payment of tax on the transported goods. If the tax had not been paid, a bank guarantee for the tax amount was also required to be provided within two weeks. Once the bank guarantee was furnished, the vehicle and goods were to be released promptly without further delay.4. The court scheduled the next hearing for 13.08.2020 to monitor compliance with the directives issued regarding the furnishing of bank guarantees and the subsequent release of the detained conveyance and goods. The judgment aimed to balance the interests of the petitioner in obtaining the release of the goods with the statutory requirements under the CGST Act and related laws.