CIRCULARS

Circular No. Subject
Circular No. 76/50/2018-GST dt. 31.12.2018 [para 6] Clarification on certain issues (sale by government departments to unregistered person; leviability of penalty under section 73(11) of the CGST Act; rate of tax in case of debit notes / credit notes issued under section 142(2) of the CGST Act; applicability of notification No. 50/2018-Central Tax; valuation methodology in case of TCS under Income Tax Act and definition of owner of goods) related to GST

Circular No.64/38/2018-GST dt. 14.09.2018

Modification of the procedure for interception of conveyances for inspection of goods in movement, and detention, release and confiscation of such goods and conveyances, as clarified in Circular Nos. 41/15/2018-GST dated 13.04.2018 and 49/23/2018-GST dated 21.06.2018
Circular No.49/23/2018-GST dt. 21.06.2018 Modifications to the procedure for interception of conveyances for inspection of goods in movement, and detention, release and confiscation of such goods and conveyances, as clarified in Circular No. 41/15/2018-GST dated 13.04.2018
Circular No.41/15/2018-GST dt. 13.04.2018 Procedure for interception of conveyances for inspection of goods in movement, and detention, release and confiscation of such goods and conveyances
Circular No.3/3/2017-GST dt. 05.07.2017 Proper officer relating to provisions other than Registration and Composition under the Central Goods and Services Tax Act, 2017

COMMUNITY INSIGHTS

Topic

Publish Date

GST Roadblocks: Procedure for Interception of Conveyance

With the introduction of the GST regime and the mandatory implementation of the e-way bill, there have been several instances where vehicles transporting goods are detained due to discrepancies in the documentation. This article seeks to outline the key sections and rules that authorize the interception and detention of vehicles, along with the penalties that can be levied on the owners of both the goods and the vehicle................ Read More

01.10.2024

CASE LAW

Authority

One liner

2024(03)LCX0329

Kerala High Court

Shri Coimbatore Jewellers India Private Limited

Belated Writ petition filed by assessee against penalty order passed cannot be entertained.
2024(02)LCX0304

Allahabad High Court

Patil Biotech Private Limited

Penalty u/s 129(3) be cannot be imposed without any proof of intention to evade tax. 
2024(02)LCX0119

Calcutta High Court

Mohammad Shamasher

 
2024(01)LCX0383

Allahabad High Court

Shamhu Saran Agarwal And Company

Goods are not to be detained on the ground of under valuation.  
2023(09)LCX0337

Madras High Court

Tvl.V.V.Iron and Steels

Issuance of notice u/s 129(3) TNGST Act within seven days has to be calculated from the date on which seizure was to be effected and not from the following date.
2023(09)LCX0353

Uttarakhand High Court

Prestress Steel LLP

Mere non production of the delivery challan cannot lead to revocation of section 129.
2023(02)LCX0025

Allahabad High Court

Varun Beverages Ltd.

The minor discrepancy as to the registration of vehicle in State in the E-way will would not attract proceedings for penalty under Section 129.
2022(03)LCX0289

Madhya Pradesh High Court

CREATE CONSULTS

Mistake of wrong mention of name in eway bill is clerical mistake thus, proceeding under Section 129 of GST may not be issued.
2023(02)LCX0025

Allahabad High Court

Varun Beverages Ltd.

The minor discrepancy as to the registration of vehicle in State in the E-way will would not attract proceedings for penalty under Section 129.
2022(01)LCX0062

Supreme Court of India

Satyam Shivam Papers Pvt. Limited

 
2022(03)LCX0001

Calcutta High Court

Ashok Kumar Sureka
 
2022(08)LCX0063

Karnataka High Court

Rajeev Traders
Officer doing detention u/s 129 cannot do confiscation.
2021(07)LCX0188

Kerala High Court

VST AND SONS (P) LIMITED, MUTHUKUMAR MEENAKSHY

 
2021(06)LCX0015

Telangana High Court

Satyam Shivam Papers Pvt. Ltd.
Order u/s 129(3) issued for expiry of E Way bill without any evidence of evasion of tax is set aside
2020(08)LCX0040

Kerala High Court

ABCO TRADES (P) LTD

No detention of goods u/s 129 on ground that e-way bill show consignee as unregistered person.
2020(03)LCX0048

Kerala High Court

Hindustan Coca Cola Private Limited

Detention of goods not possible on ground that there is dispute in rate of GST.
 2019(05)LCX0035

Punjab and Haryana  High Court

DSG Papers Private Limited

2019(11)LCX0009

Kerala High Court

Kannangayathu Metals
Detention of goods solely because driver had opted for a different route was not justified.
2019(08)LCX0007

Karnataka High Court

Raj Enterprises

 
2019(06)LCX0028

Karnataka High Court

Sri B.Narasimha Pai
 
2019(11)LCX0021

Karnataka High Court

Bright Road Logistics Pvt. Ltd
Matter remitted to Commissioner (Appeal) to reconsider appeal where appeal was rejected passing a non-speaking order.
2019(03)LCX0045

Allahabad High Court

Praveen Kumar  Jain

Petition dismissed - court didnot find any ground to interfere in challenged SCN issued u/s 130 for confiscation
2019(11)LCX0005

Kerala High Court

Relcon Foundations (P) Ltd
Detaining on ground that GSTR-3B and GSTR-1 had not been filed was not justified.
2019(10)LCX0010

Gujarat High Court

S. S. Enterprises
Release of detained goods on depositing amount of tax and penalty subject to the final outcome
2019(08)LCX0004

Gujarat High Court

Sree Ram Twistex Private Limited
Release of seized goods and vehicle subject to final outcome of confiscation.
2019(06)LCX0026

Karnataka High Court

Kalebudde Logistics
 
2019(04)LCX0026

Gujarat High Court

Neuvera Wellness Ventures Pvt Ltd
Detention as Part-B of E-way bill was not generated - Goods being perishable released on against bond
2018(11)LCX0032

Allahabad High Court

Timexo Fasteners India Private Ltd.

Goods detained u/s 129 released as the EWB was allowed to expire after the detention of the goods by incorrectly recording the time of interception
2018(11)LCX0033

Allahabad High Court

Sunaiba Industries
Goods detained on account of improper invoice in respect of some of the builties
2018(04)LCX0034

Allahabad High Court

Ramesh Chand Kannu Mal
WEF 01.02.2018 there was no requirement to download the Transit Declaration Form for inter state movement of goods
2018(04)LCX0035

Allahabad High Court

Harley Foods Products Pvt. Ltd

Seizure proceedings quashed as Goods transported from Ahmedabad to be delivered at Meerut accompanying Gujarat EWB not produced at the time of interception
2018(11)LCX0031

Allahabad High Court

Shree Mahakali Trading Company
Goods detained released on compliance of section 129(1)(a) as the proper e-.way bill was immediately generated and as such there is no willful or deliberate defiance of any provisions
2018(11)LCX0035

Allahabad High Court

Aman Enterprises And Beej Bhandar
Petitioner being the owner of goods detained and having paid entire amount of the value of the goods to the selling dealer allowed to take goods subject to compliance of section 129(1)(a)
2018(11)LCX0037

Allahabad High Court

Shah Concast Private Limited
Goods detained for not producing EWB at the relevant time, however immediately generated after detention
2018(11)LCX0036

Allahabad High Court

Integrated Tech 9 Labs Private Limited

Writ petition dismissed without adjudicating the validity of seizure order giving liberty to petitioner to take the course to the appropriate remedy as available in law
2018(03)LCX0022

Allahabad High Court

Shri Dutt India Private Limited

Having paid tax and penalty u/s 129 respondent is directed to complete adjudication within one month after affording an opportunity of hearing
2018(10)LCX0026

Allahabad High Court

Bajrang Enterprises

Detention of goods u/s 129 for not producing EWB at relevant time
2018(04)LCX0039

Allahabad High Court

Satyendra Goods Transport Corp

Goods detained for not accompanying TDF for inter state movement is unsustainable
2018(04)LCX0041

Allahabad High Court

Singh Tyres

Seizure order unsustainable in law as the same has been passed ignoring EWB produced before the date fixed for reply, whereas the order has been passed on a day before the date allowed for reply
2018(04)LCX0038

Allahabad High Court

Super India (Global) Logistics Ltd
Detention order for not accompanying TDF is illegal and unsustainable
2018(11)LCX0029

Allahabad High Court

Mkc Traders And Another
Goods seized for not accompanying invoice and EWB
2018(06)LCX0051

Delhi High Court

Gati Kintetsu Express Pvt. Ltd.

 
2018(07)LCX0049

Gujarat High Court

Vanrajbhai Hasmukhbhai Chauhan
Goods detained onthe ground that e-way bill was not tendered for the goods in movement , bill amount is under -invoice and LR is blank
2017(12)LCX0004

Kerala High Court

Kalliyath Steel Traders

 
2018(11)LCX0009

Kerala High Court

Daily Express
Compliance with the statutory mandate under Section 129(1)(b) is must for interim custody of the goods
2019(02)LCX0005

Kerala High Court

Daily Express
Vehicle with goods detained as Part B of EWB was not complete
2018(01)LCX0052

Kerala High Court

Kitex Ltd.
When the statute itself provides for such a mechanism, a deviation there from cannot be ordered, i.e. provisional release on payment of 50% tax as is ordered in the judgment under appeal cannot be sustained.
2018(11)LCX0014

Kerala High Court

Tayab Zainulabdin

Goods released on furnishing Bank Guarantee for tax and penalty found due and a bond for the value of goods in the form as prescribed under Rule 140(1)
2018(11)LCX0028

Kerala High Court

Nousad Allakkat

Non production of goods on demand is not a ground for imposition o penalty u/s 129
2018(09)LCX0011

Kerala High Court

Panel Source LLP

Goods detained for not uploading Part-B of EWB
2018(07)LCX0002

Kerala High Court

Fashion Marble and Granite Company Pvt. Ltd
Respondent's insistence that the petitioner should pay the amount either in cash or through demand draft against goods seized cannot be sustained
2018(10)LCX0041

Punjab and Haryana  High Court

Modern Insecticides Limited

Release of seized goods shall not be treated as provisional as there is no dispute regarding identity of the goods
2017(08)LCX0050

Kerala High Court

Madhu M.B

Goods detained due to the fact that on physical verification it was found that there were excess goods being transported interstate