Alfa Group vs The Assistant State Tax Officer & Others
Facts :
The petitioner’s goods were detained during transit through a detention order (Form GST MOV-06) on the ground that the invoice value was lower than the MRP and HSN code was wrongly mentioned.
The petitioner challenged the detention contending that these grounds do not justify detention under Sections 129 or 130 of the GST Act.
It was also contended that there was no discrepancy in tax rate or supporting documents accompanying the goods.
The issue arose from detention at a parcel godown during movement of goods.
Court Decision:
The Court held that undervaluation with reference to MRP is not a valid ground for detention of goods under the GST Act.
There is no statutory provision prohibiting sale of goods below MRP, and such comparison cannot justify detention.
The Court further held that incorrect HSN classification, without impact on tax rate, does not warrant detention.
The detention order was quashed and authorities were directed to release the goods forthwith.
Directions were also issued to the Commissioner to ensure such unwarranted detentions are not repeated.
Other Case Law
Bengal Engineering vs State of West Bengal & Ors
Legality of GST assessment exceeding Show Cause Notice amount and denial of personal hearing under Sections 75(7) and 75(4) of the West Bengal GST Act, 2017.
The Division Bench allowed the appeal and set aside the Adjudication Order dated...
Read MoreGiri Transport Company vs. The Appellate Authority for Advance Ruling,
Whether departmental appeals filed against an Advance Ruling — on non-inclusion of free-of-cost (FOC) diesel supplied by service recipient in the taxable value of Goods Transport Agency (GTA) services — are maintainable despite objections of limitatio
BACKGROUNDThe petitioner, a Goods Transport Agency, filed an application under S...
Read MoreState of Karnataka v. Tallam Apparels
Disallowance of Input Tax Credit on allegation of non-genuine transactions and non-payment of tax by selling dealer under VAT (Sections involved: Section 70(1), Section 39(1), and relevant provisions of the Karnataka Value Added Tax Act, 2003)
Facts :The assessee, a registered dealer dealing in garments, claimed input tax ...
Read More