Case Laws
Gujrat High Court Judgement ------Competent Authority is Bound to Release Goods if EWB and MOV Rules not followed by Officer on Duty
February 29, 2020
Competent Authority to release confiscated goods & vehicle without penalty since no valid ground for detention
Insha Trading Company v. State of Gujarat[2019] 112 taxmann.com 175(Guj.)
The Competent Authority detained the goods and vehicle of the assessee and imposed tax and penalty upon assessee . The Competent Authority also passed an order for confiscation of the goods of assessee and conveyance.
The assessee filed a writ before High Court of Gujarat.
The Honourable Court observed that when conveyance of assessee was inter-cepted , driver had duly produced the e-way bill and invoice to goods transported.
The Competent Authority did not point out any discrepancy in the e-way bill or the tax invoice . However if the Competent Authority desired to carry out physical verification of conveyance goods and the documents it was permissible for it to detain the conveyance .
Under GST when conveyance was detained for inspection the Competent Authority was required to prepare a report in form GST EWB-03 and upload the same on the GST portal within 24 hours from issuance of order for physical verification.
On completion of physical verification , the said Authority was also required to prepare a report in form GST MOV-04 to be served on person in charges of the goods as well as conveyance and final report of inspection in Part B Form GST EWB-03 within 3 day of such physical verification.
In the given case no such reports were prepared by the Competent Authority. Thus it appeared that though the vehicle was detained for carrying out inspection , on such inspection was carried out or that upon physical verification no discrepancy was found in the conveyance goods or documents .
In the reply furnished by the Competent Authority there was no mention of any discrepancy found after verification .
Hence there was no valid ground for detention of the Competent Authority .
Therefore levy of tax and penalty in relation to confiscation of goods and vehicle did not arise .The Honourable Court set aside the confiscation order and also quashed order of tax and penalty . The court directed Competent Authority to release goods and vehicle of the assessee.
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