Home Case Index All Cases GST GST + HC GST - 2024 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2024 (4) TMI 1080 - ALLAHABAD HIGH COURTLevy of penalty - goods were undervalued - HELD THAT:- This Court in the case of M/s Shambhu Saran Agarwal and Company v. Additional Commissioner, Grade-2 and others [2024 (2) TMI 187 - ALLAHABAD HIGH COURT] has categorically held imposition of penalty under Section 129 of the Act on the speculation that the goods are under valued cannot be allowed. In the above case, this Court had referred to a judgment of Kerala High Court in Hindustan Coca Cola Private Limited v. Assistant State Tax Officer [2020 (3) TMI 1125 - KERALA HIGH COURT] to hold that imposition of penalty under Section 129 of the Uttar Pradesh Goods and Service Tax Act, 2017 (hereinafter referred to as "the Act") on the ground that the goods are under valued cannot be allowed. In such cases, it is for the officer intercepting the goods to detain them for the purpose of preparing the relevant papers for effective transmission to the judicial assessing officers and nothing beyond the same. The impugned orders are quashed and set aside - petition allowed.
|