2023 (10) TMI 103 - HC - GST

Goods detention order quashed as GST Act doesn't require disclosure of transportation route details

M/s Om Prakash Kuldeep Kumar Versus Additional Commissioner Grade-2 And Another

The Allahabad HC quashed a goods detention order under GST Act. Revenue authorities detained goods based on driver's alleged statement about unloading at ... Detention of goods - detention based on statement of driver regarding place of unloading of goods - route for transportation of goods disputed - non-existence of provision for declaring the route for transportation of the goods under GST Act - HELD THAT:- Admittedly, the goods in question were sold by the the registered dealer along with genuine documents i.e. tax invoices and e-way bills. At the time of interception it is alleged that driver of the vehicle made statement that goods were to be unloaded at the place which is not mentioned in the tax invoice but at Mainpuri itself. But perusal of the statement of the truck driver, which is prepared and uploaded by the revenue authority in GST MOV-01, it appears that not a single word has been whispered in respect of the goods in question to be unloaded at the place which has not been shown in the tax invoice accompanying the goods. Intent to evade tax - goods along with truck was not on the route of its destination - HELD THAT:- Under the GST Act, there is no specific provision which bounds the selling dealer to disclose the route to be taken during transportation of goods or while goods are in transit however there was a provision under VAT Act to disclose the rout during transportation of goods to reach its final destination. Once the legislature itself in its wisdom has chosen to delete the said provision, this Court opined that the authorities were not correct in passing the seizure order even if the vehicle was not on regular route or on different route. The power of detention as well as seizure can be exercised only when the goods were not accompanying with the genuine documents provided under the Act. The genuineness of the documents has not been disputed at any stage - Once the documents accompanying the goods were found to be genuine the goods ought not be have been seized. The impugned order dated 17.8.2021 cannot be sustained in the eyes of law and is hereby quashed - Petition allowed with costs. ISSUES PRESENTED AND CONSIDERED 1. Whether detention/seizure of goods in transit under Section 129(3) of the UP GST Act is sustainable when the consignment is accompanied by genuine tax invoices and e-way bills. 2. Whether an alleged deviation from an inferred route or an oral statement attributed to the driver can, by itself, justify seizure/detention and a finding of intention to evade tax in the absence of any statutory requirement to declare the route under the GST regime. 3. Whether undervaluation or alleged discrepancy in declared value, without cogent material, can constitute a valid ground for seizure of goods in transit. 4. Remedies and consequences where seizure/detention is held improper: refund of amounts deposited under protest and imposition of costs. ISSUE-WISE DETAILED ANALYSIS Issue 1 - Validity of seizure/detention when genuine tax invoice and e-way bill accompany goods Legal framework: Section 129 (statutory scheme for detention, seizure and release) permits detention and seizure where goods are transported in contravention of the Act; statutory documents (tax invoice, e-way bill) are relevant indicia of lawful movement under the GST scheme. Precedent Treatment: High Court decisions cited by the petitioner (from other jurisdictions) were relied upon to demonstrate that genuine accompanying documents disfavor mechanical detention; the Court followed the reasoning in those authorities. Interpretation and reasoning: The Court examined the documentary record and the GST MOV-01 statement uploaded by revenue and found no material contradistinguishing the genuineness of the invoices/e-way bills. The power to detain/seize was held to be exercisable only where goods are not accompanied by the prescribed genuine documents or where cogent material establishes culpability. Since genuineness was not disputed and no supporting material was produced to substantiate seizure, detention was improper. Ratio vs. Obiter: Ratio - seizure/detention under Section 129 cannot be sustained when goods are accompanied by genuine prescribed documents and no cogent material is produced to show contravention; such detention is unlawful. Obiter - none beyond ancillary observations about evidentiary insufficiency. Conclusion: Impugned seizure/detention quashed insofar as based on the presence of genuine tax invoice and e-way bill; released goods should be treated accordingly. Issue 2 - Role of alleged route deviation or driver's oral statement in justifying seizure absent statutory route-disclosure requirement Legal framework: Under the GST scheme as enacted, there is no statutory obligation on the selling dealer to declare the route to be taken during transportation; earlier VAT provisions requiring route disclosure were omitted by the legislature. Precedent Treatment: The Court relied on and followed the reasoning of other High Courts that disapproved mechanical detention for mere alleged deviation in direction without corroborative material showing intent to evade tax. Interpretation and reasoning: The Court noted that the alleged driver statement purporting to show unloading at a place not reflected in the invoice was not borne out by the GST MOV-01 record on file. Further, even if a vehicle was travelling on a different route, in the absence of a statutory duty to disclose route and absent other cogent evidence of evasion, mere non-conformity with an expected route cannot create an inference of criminal/culpable intent. The legislative deletion of route-disclosure indicates no requirement to penalize route variances per se. Ratio vs. Obiter: Ratio - deviation from an expected route or the production of only some documents cannot, by itself, justify seizure under GST where no statutory route-declaration exists and no other material indicates intent to evade tax. Obiter - practical observations about logistical reasons for route variance (adopted from cited authority) are explanatory. Conclusion: Route deviation or an uncorroborated driver statement cannot sustain seizure/detention; authorities erred in drawing adverse inference on that basis. Issue 3 - Alleged undervaluation or discrepancy in declared value as basis for seizure Legal framework: Seizure must be grounded in statutory criteria and supported by material establishing contravention; undervaluation allegations require supporting material. Precedent Treatment: The Court adopted the approach in the cited High Court authorities that undervaluation, without supporting material, is not a valid ground for seizure of goods in transit. Interpretation and reasoning: The impugned notice relied upon alleged undervaluation but did not place on record any material substantiating such undervaluation. The Court held that mere ipse dixit or unsupported assertions about declared value being low cannot justify detention/seizure; undervaluation, where not shown by cogent evidence, cannot be mechanically treated as evasion. Ratio vs. Obiter: Ratio - undervaluation absent supporting material is not a lawful ground for detention or seizure of goods in transit. Obiter - none material beyond reinforcing evidentiary standards. Conclusion: Seizure based on alleged undervaluation was unjustified for want of material; detention must be set aside. Issue 4 - Evidentiary standard, burden and consequences (refund and costs) Legal framework: Administrative action under GST must be supported by material evidence; amounts deposited under protest remain refundable by operation of law if the impugned demand is quashed; courts may award costs and permit departmental recovery from erring officers. Precedent Treatment: The Court applied established principles for refund of illegally recovered sums and for imposition/award of costs to compensate the aggrieved party and to mark official accountability. Interpretation and reasoning: Given the absence of cogent material to support seizure and the finding that documents were genuine, the deposit made under protest was ordered refunded in accordance with law within a specified time frame. Costs were awarded against the State with liberty to recover from the erring officer, as a measure of appropriate administrative accountability. Ratio vs. Obiter: Ratio - where detention/seizure is quashed for want of lawful basis, amounts deposited under protest must be refunded and costs may be awarded; departmental recovery from responsible officers is permissible. Obiter - procedural directions for compliance monitoring are ancillary. Conclusion: The deposited amount must be refunded within the stipulated period; a cost award was appropriate and recoverable from the erring official; compliance to be monitored by the Court.