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Under valuation of goods in invoice cannot be a ground for detention of the goods and Vehicle

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Under valuation of goods in invoice cannot be a ground for detention of the goods and Vehicle
By: CA Bimal Jain
January 18, 2022
All Articles by: CA Bimal Jain       View Profile
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K.P. SUGANDH LTD. VERSUS STATE OF CHHATTISGARH, COMMISSIONER CHHATTISGARH GOODS AND SERVICES TAX, ATAL NAGAR, JOINT COMMISSIONER CHHATTISGARH GOODS AND SERVICES TAX, BILASPUR, DEPUTY COMMISSIONER CHHATTISGARH GOODS AND SERVICES TAX AND KAY PAN SUGANDH LTD VERSUS STATE OF CHHATTISGARH, COMMISSIONER CHHATTISGARH GOODS AND SERVICES TAX, JOINT COMMISSIONER CHHATTISGARH GOODS AND SERVICES TAX, DEPUTY COMMISSIONER CHHATTISGARH GOODS AND SERVICES TAX [2020 (3) TMI 890 - CHHATTISGARH HIGH COURT]

This petition was filed before the Hon’ble Chhattisgarh High Court, against the order passed by the Revenue Department, for release of the seized vehicle carrying goods from the manufacturing centers to the dealer with a tax invoice and an e-way bill, belonging to the assessee, a manufacturer of pan masala and tobacco products, on the grounds of discrepancies in the valuation of the goods.

The Hon’ble Chhattisgarh High Court observed that, under valuation of a goods in the invoice cannot be a ground for detention of the goods and vehicle for a proceeding to be drawn under Section 129 of the Central Goods and Services Tax Act, 2017 (“the CGST Act”) read with Rule 138 of the Central Goods and Services Tax Rules, 2017 (“the CGST Rules”).

Further, held that, proceedings of detention and seizure of the goods and the vehicle by the respondents is without any authority of law. Set aside the order passed under Section 129 and the order of demand of tax and penalty both being unsustainable and directed the Revenue Department to release the goods.

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By: CA Bimal Jain - January 18, 2022

 

 

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