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)
India Tax Due Date - February 2026.
Sr No Due Date Related to Compliance to be made 1 11.02.2026 GST ...
-
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...
-
The Income-tax Appellate Tribunal has recently notified the Income-tax (Appellate Tribunal) Amendment Rules, 2025, introducing important p...
-
Introduction Employee welfare is a cornerstone of corporate responsibility, and gratuity forms a critical part of the social security benefi...
-
The overall effective tax rate of a U.S. multinational corporation may have significant impact on the value of its stock. Therefore, it ...
-
A tax investigation is one of the most stressful events a company can face. It disrupts operations, consumes resources, and carries signific...
-
This is to update you about an important decision by Hon’ble Madras High Court (‘ HC ’/’ Court ’) in the case of ARS Steel and Alloy Inte...
-
LEASE-DEED (A brief Introduction) Lease defined. A lease of immovable property is a transfer of a right to enjoy such property, mad...
-
Mergers and Acquisitions (M&A) are no longer confined to large conglomerates. Mid-market deals, family-owned businesses, PE-backed exits...
-
Clarifications from the GST Council The GST Council has recommended the following clarifications on ISD and cross charge:
-
In a ruling that provides crucial clarity on the taxation of foreign enterprises in India, the Delhi bench of the Income Tax Appellate Tri...
No comments:
Post a Comment