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The HC allowed the petition and quashed the impugned orders...
Petition allowed; orders quashed where detention and seizure based on misclassification and speculative undervaluation cannot sustain penalty under Section 129
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The HC allowed the petition and quashed the impugned orders dated 4.1.2025 and 22.5.2024, holding that detention and seizure based solely on alleged misclassification and speculative undervaluation cannot sustain a penalty under Section 129 of the UP GST Act where consignment documents were in order. The court found no discrepancy in quality or quantity and noted that the e-tax invoice, e-way bill and bill of lading/accompanying transport document accompanied the goods at detention. Relying on controlling HC authority precluding penalties premised on conjectural undervaluation, the tribunal's orders imposing penalty were set aside and the petition granted.
The HC allowed the petition and quashed the impugned orders dated 4.1.2025 and 22.5.2024, holding that detention and seizure based solely on alleged misclassification and speculative undervaluation cannot sustain a penalty under Section 129 of the UP GST Act where consignment documents were in order. The court found no discrepancy in quality or quantity and noted that the e-tax invoice, e-way bill and bill of lading/accompanying transport document accompanied the goods at detention. Relying on controlling HC authority precluding penalties premised on conjectural undervaluation, the tribunal's orders imposing penalty were set aside and the petition granted.
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