HC sets aside Single Judge
Bench order, finds direction to release detained goods on payment of 50% of
demand and execution of simple bond contrary to provisions of Section 129 of
Central GST Act / Kerala GST Ordinance r/w Rule 140 of CGST Rules; Notes that
goods were detained by Revenue on ground that documents accompanying them had
no nexus with actual goods under transport; Observes that Section 129 provides
for detention, seizure and release of goods and conveyances in transit, whereby
goods may be released provisionally upon execution of bond and furnishing of
security in prescribed manner or on payment of applicable tax, interest and
penalty in terms of Section 67(6); Hence, when statute itself provides a
mechanism for adjudication following detention of goods including provisional
release thereof, a deviation therefrom cannot be ordered, holds HC; However,
taking note of Rule 140 obliging dealer to produce goods upon demand, and
considering the inconvenience and prejudice likely to be caused on account of
delay, HC emphasizes the necessity of an expeditious adjudication even in cases
where goods are released provisionally : Kerala HC
Subscribe to:
Post Comments (Atom)
GST Not Leviable on Transfer of Leasehold Rights of MIDC Plots: SC Dismisses Revenue’s SLP
In a significant development, the Supreme Court has dismissed the Revenue’s Special Leave Petition (SLP) challenging a Bombay High Court (...
-
· Legal Framework: Section 171 of the Income Tax Act, 1961 provides the legal framework for the partition of a Hindu Undivided...
-
New utility for generation of Form 16A in pdf format provided by https://www.tdscpc.gov.in is very light and is sized only 8.43 MB while ...
-
1. Introduction Cross-border investment structures often employ intermediate holding companies in jurisdictions like the Cayman Islands. A c...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
Issue before the Income-tax Appellate Tribunal (ITAT) Whether the phrase “paid up capital and general reserves” should be defined as “Ne...
-
Introduction Employee welfare is a cornerstone of corporate responsibility, and gratuity forms a critical part of the social security benefi...
-
Facts Saptarshi Ghosh (the tax payer) was a salaried employee of TCS Limited (employer), an Indian company. He was on deputation to the U...
-
Selling a property can trigger a significant tax liability in the form of capital gains tax. However, the Income-tax Act, 1961, allows you...
-
In the complex landscape of India’s Goods and Services Tax (GST), the tax treatment of non-compete fees has emerged as a critical area f...
-
The newly enacted Income Tax Act, 2025, marks a significant step toward simplification by consolidating multiple presumptive taxation sche...
No comments:
Post a Comment