Kerala High Court
Piaggio Vehicles Private Limited vs The Assistant State Tax Officer on 18 December, 2018
Author: Dama Seshadri Naidu
Bench: Dama Seshadri Naidu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
TUESDAY ,THE 18TH DAY OF DECEMBER 2018 / 27TH AGRAHAYANA, 1940
WP(C).No. 41284 of 2018
PETITIONER/S:
PIAGGIO VEHICLES PRIVATE LIMITED
REGISTERED OFFICE E2 AND F1, MIDC, KLPHI EOS, MIDC AREA,
BARAMATI, PIN - 413 133, PUNE DISTRICT, MAHARASHTRA,
REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE SRI.SANDEEP
SUBHASH MOHITE.
BY ADV. SRI.K.S.HARIHARAN NAIR
RESPONDENT/S:
1 THE ASSISTANT STATE TAX OFFICER
MOBILE SQUAD NO.1, STATE GST DEPARTMENT, WAYANAD AT
KALPETTA, WAYANAD DISTRICT, PIN - 673 122, KERALA.
2 THE COMMISSIONER
STATE GST DEPARTMENT, TAX TOWER, KARAMANA,
THIRUVANANTHAPURAM, PIN - 695 002.
3 THE SECRETARY CENTRAL BOARD OF EXCISE AND CUSTOMS
NEW DELHI, PIN - 110 001.
4 UNION OF INDIA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
REVENUE,MINISTRY OF FINANCE, ROOM NO.46, NORTH BLOCK, NEW
DELHI - 110 001.
5 THE AUTHORISED OFFICER
THE GST NETWORK, NEW DELHI - 110 001, INDIA.
W.P.(C) No.41284/2018
-2-
OTHER PRESENT:
DR THUSHARA JAMES, GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2018, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioner, an assessee under the GST Act, manufactures and sells commercial vehicles. The petitioner's goods and vehicles were detained by the Assistant State Tax Officer for reason of expiration of the validity of e-way bill. Aggrieved, the petitioner has filed the writ petition seeking the following prayers:
"(i) issue a Writ of Certiorari, or any other appropriate writ, order or direction as this Hon'ble Court deems fit and proper in the circumstances of the case, calling for the records leading to the issue of Ext.P3, P3(a) and Ext.P3(b), Ext.P4 & P5 reports and notices after scrutinizing the same, to strike down and quash the same;
(ii) issue a writ of mandamus or other appropriate writ, order or directions, directing the 1st respondent to release the goods and vehicles;
(iii) declare the provision empowering the GST officials to demand tax and penalty and detention of goods and vehicle as W.P.(C) No.41284/2018 -3- unconstitutional till the smooth, efficient and glitches free functioning of the GST Net work system is guaranteed to assesses;
(iv) Declare the provision empowering the intercepting officer as the adjudicating authority for the same case as unconstitutional; and
(v) issue such other writ, order, or direction, which this Hon'ble court deems fit and necessary in the interest of justice.
2. The learned Division Bench of this Court in Renji Lal Damodaran v. State Tax Officer1 has dealt with an identical issue.
3. Applying the ratio of that judgment, I direct the respondent authorities to release the petitioner's goods and vehicle on his furnishing Bank Guarantee for the tax and penalty due and a bond for the value of goods in the form as prescribed under Rule 140(1) of the CGST Rules.
With the above direction I dispose of the writ petition.
Sd/-
DAMA SESHADRI NAIDU JUDGE jjj 1 Judgment dated 06.08.2018 in W.A. No.1640 of 2018 W.P.(C) No.41284/2018 -4- APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 COPY OF THE INVOICE WITH FOREST PASS ISSUED BY THE PETITIONER DATED 31/10/2018.
EXHIBIT P2 COPY OF THE E-WAY BILL DATED 02/11/2018.
EXHIBIT P3 COPY OF THE FORM GST MOV-01 DATED 03/12/2018.
EXHIBIT P3 A COPY OF THE FORM GST-MOV-02 DATED 03/12/2018.
EXHIBIT P3 B COPY OF THE FORM GST MOV-04 DATED 03/12/2018.
EXHIBIT P4 COPY OF THE DETENTION ORDER UNDER SEC.129(1) OF THE CGST ACT DATED 03/12/2018.
EXHIBIT P5 COPY OF THE NOTICE UNDER SEC.129(3) OF THE CGST ACT DATED 03/12/18.
EXHIBIT P6 COPY OF THE SELF-DECLARATION DATED 08/12/2018, SHOWING THE DEBIT OF THE IGST.
EXHIBIT P7 THE PHOTOGRAPH OF THE PARKING OF THE VEHICLE IN FRONT OF THE CONSIGNEE'S SHOW-ROOM SHOWING THE PLACE OF INTERCEPTION.
EXHIBIT P8 COPY OF THE REPLY DATED 13/12/2018 SUBMITTED BY THE PETITIONER.