2018(10)LCX0041
In The High Court Of Punjab And Haryana
RAJESH BINDAL & MAHABIR SINGH SINDHU
M/S MODERN INSECTICIDES LIMITED
Versus
State of Punjab and others
CWP-23111 of 2018 & CWP-24162-2018. decided on 17/10/2018
Advocated By -
Mr.Rishabh Kapoor and Mr.Saurabh Kapoor & Mr.Ankur Mittal, Addl.A.G.,
In terms of the order passed on 17.10.2018, Mr.M.P.Singh, IAS, ACS(T) and Mr.Vivek Partap Singh, IAS ETC, Punjab; Mr. Sanjeev Kaushal, IAS, Addl. Chief Secretary, E&T Department, Government of Haryana and Ms.Ashima Brar, IAS, Excise & Taxation Commissioner, Haryana are present in person in Court.
Issues raised by learned counsel for the
petitioners have been brought to their notice.
Apparently some of the issues require consideration at the highest level so that
there is uniform application of law.
Goods and Services Tax was introduced not for a
particular State but for uniform application of tax in the country.
In the cases in hand, penalty has been levied on the petitioners under Section
129 of the Punjab Goods and Services Tax Act, 2017 (for short, 'the Punjab Act')
and Haryana Goods and Services Tax Act, 2017 (for short, 'the Haryana Act'). The
goods detained are still in custody of the Departments concerned. Statutory
appeals have been filed by the petitioners before the Appellate Authority in
terms of Section 107 of the Act. As a pre-condition of filing appeal, 10% of the
disputed tax amount has also been deposited. In terms of Section 107(7) of the
Act, recovery of the balance amount is deemed to be stayed.
Section 129(1)(c) of the Act provides that goods can be released on furnishing
of security as prescribed. Section 129(2) of the Act provides for application of
Section 67(6) of the Act, which in turn has been referred to in Rule 140
prescribing the bond and the bank guarantee to be furnished.
Considering the fact that the
legal issues sought to be raised by the petitioners need examination in detail
by the GST Council and the goods detained are still in custody of the
Departments concerned, we deem it appropriate to direct the respondents to
release the goods on furnishing of security other than bank guarantee or cash.
The needful be done within one week. As there is no dispute regarding identity
of the goods, the release shall not be treated as provisional.
The appeals filed by the petitioners be taken up and disposed of expeditiously.
Adjourned to 13.12.2018.
A copy of the order be placed on the file of connected case.
(RAJESH BINDAL)
JUDGE
October 22, 2018
meenuss
( MAHABIR SINGH SINDHU )
JUDGE