TMI Blog2020 (3) TMI 134X X X X Extracts X X X X X X X X Extracts X X X X ..... ant to make good his case that the show cause notice, issued in GSTMOV-10, deserves to be discharged - Application disposed off. - R/Special Civil Application No. 17805 of 2019 - - - Dated:- 13-2-2020 - Mr. Justice J.B. Pardiwala And Mr. Justice Bhargav D. Karia For the Petitioner(s) : Mr Vinay Shraff With Mr Vishal Dave For the Respondent(s) : Mr Mitesh Amin, Government Pleader ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA) 1. By this Writ Application under Article 226 of the Constitution of India, the writ applicant has prayed for the following reliefs: a. To issue writ of or in the nature of a mandamus or any other appropriate writ, order or direction to direct respondent to relea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... writ applicant availed the benefit of the interm order passed by this court and got the vehicle along with the goods released on payment of the tax amount. The proceedings, as on date, are at the stage of show cause notice, under Section 130 of the Central Goods and Services Act, 2017. The proceedings shall go ahead in accordance with law. 5. It shall be open for the writ applicant to point out the recent pronouncement of this Court in the case of Synergy Fertichem Pvt.Ltd V/s. State of Gujarat [Special Civil Application No.4730 of 2019]. It shall be open for the writ applicant to rely on the observations made by this Court in paragraph Nos.99 to 104 of the said judgment, which read thus: 99. It is practically impossible to envis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 67(6) as under; 67(6) The goods so seized under Sub-section( 2) shall be released, on a provisional basis, upon execution of a bond and furnishing of a security, in such manner and of such quantum, respectively, as may be prescribed or on payment of applicable tax, interest and penalty payable, as the case may be. 100. Section 129 further provides that the proper officer, detaining or seizing the goods or conveyances, is obliged to issue a notice, specifying the tax and penalty payable and, thereafter, pass an order for payment of such tax and penalty. Clause (4) provides that no tax, interest or penalty shall be determined under Sub-section (3) without giving the person concerned an opportunity of being heard. Clause (5) provides th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay issue a notice of confiscation under Section 130 of the Act. For the purpose of issuing a notice of confiscation under Section 130 of the Act at the threshold, i.e. at the stage of Section 129 of the Act itself, the case has to be of such a nature that on the face of the entire transaction, the authority concerned is convinced that the contravention was with a definite intent to evade payment of tax. We may give one simple example. The driver of the vehicle is in a position to produce all the relevant documents to the satisfaction of the authority concerned as regards payment of tax etc., but unfortunately, he is not able to produce the eway bill, which is also one of the important documents so far as the Act, 2017 is concerned. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... time. Therefore, what we are trying to convey is that all cases of contravention of the provisions of the Act or the Rules, by itself, may not attract the consequences of such goods or the conveyance confiscated under Section 130 of the Act. Section 130 of the Act is altogether an independent provision which provides for confiscation in cases where it is found that the intention was to evade payment of tax. Confiscation of goods or vehicle is almost penal in character. In other words, it is an aggravated form of action, and the object of such aggravated form of action is to deter the dealers from evading tax. 104. In the aforesaid context, we would like to clarify that we do not propose to lay down, as a proposition of law, o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder Section 130 of the Act. The notice for the purpose of confiscation must disclose the materials, upon which, the belief is formed. It could be argued that it is not necessary for the authority under the Act to state reasons for its belief. For the time being, we proceed on the basis of such argument. But, if it is challenged that the notice is bereft of the necessary details or the satisfaction of the authority is imaginary or based on mere suspicion, then the authority must disclose the materials, upon which, his belief was formed as it has been held by the Supreme Court in Sheonath Singh s case [AIR 1971 SC 2451]. In Sheonath Singh (supra), the Supreme Court held that the Court can examine the materials to find out whether an hon ..... X X X X Extracts X X X X X X X X Extracts X X X X
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