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GST - Highlights / Catch Notes

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Detention of goods - E-way bills expired - Constitutional ...


Court Orders Release of Goods Detained for Expired E-Way Bills; Confiscation Orders Deemed Unlawful Under CGST Act Section 130.

September 22, 2021

Case Laws     GST     HC

Detention of goods - E-way bills expired - Constitutional validity of Section 129 of CGST Act, 2017 - deposit of tax again, once the tax is already paid - the petitioner could not able to show that the provisions of the enactments-in-question are unreasonable or the object of these enactments are to destroy a fundamental right/ constitutional right. - However, the respondents have completely failed to show that the petitioner was indeed, given an opportunity of being heard before the passing the orders of the confiscation in Form GST MOV-11. The confiscation orders dated 23.04.2021, passed under Section 130 in Form GST MOV-11, are not found to be passed in accordance with law. - Goods and vehicle to be released on furnishing of bond - HC

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