SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(AP) 202

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
R. RAGHUNANDAN RAO, T.C.D.SEKHAR, JJ.
Golden Traders, 17/691 A, Muthoore, Changaramkulam, North End, Anilathmaja Housing Society, Malappuram, Kerala – Appellant
Versus
The Deputy Assistant Commissioner Of State Tax, C/O The Assistant Commissioner Of State Tax – Respondent 
WRIT PETITION NOs: 541, 1756, 3097, 3225, 3227, 3252, 3254, 3258 and 3354 of 2026
Decided on : 01-03-2026

Advocates Appeared:
For the Appellant : Sri P. Girish Kumar, Sri V. Raghuraman, Sri M.V.J.K. Kumar, Sri Pasupuleti Venkata Prasad, learned
For the Respondent: Sri Sameer Gupta, learned counsel appearing on behalf of Sri Akula Vamsi Krishna,
Sri R. Kalyan Chakravarthy, learned

ORDER :

R.Raghunandan Rao, J.

1. As all these Writ Petitions raise a similar question of law, they are being disposed of, by way of this common order.

2. Heard Sri P. Girish Kumar, Sri V. Raghuraman, Sri M.V.J.K. Kumar, Sri Pasupuleti Venkata Prasad, learned counsel for the petitioner and Sri Sameer Gupta, learned counsel appearing on behalf of Sri Akula Vamsi Krishna, learned counsel for the petitioner and Sri R. Kalyan Chakravarthy, learned Government Pleader for Commercial Taxes appearing for the respondents.

3. In all these cases, the officers, appointed under the APGST Act, at various check posts, in the State of Andhra Pradesh, had intercepted consignments, moving in the course of interstate trade from a point of origin, which is outside the State of Andhra Pradesh, to a destination, which is also outside the State of Andhra Pradesh. After such interception, proceedings have been initiated, initially under Section 129 of the GST Act and in some cases, these proceedings were continued under Section 130 of the GST Act.

4. The details of point of origin of the goods, the destination of goods, the dates on which these consignments were intercepted and detained/seized/confiscated and the details relating to the provisions of the GST Act which were invoked are contained in the table set out below:

N o S l .W.P NumberPetitioner NameOrigin of GoodsDestination of GoodsDates of consignme nts intercepted and detained/ ceased/ confiscatedProvision s of GST Act under which the goods seizedReason for detentio n
1WP 541 of 2026GOLDEN TRADERSKeralaDelhiDate of Interception - 18/12/2025 Date of order of Confiscation 30/12/2025Section 130Valuation and Quantific ation
2WP 1756 of 2026M/S T.M. ENTERPRISE SKarnat akaMaharashtraDate of Interception - 17/12/2025 Date of order of Confiscation 02/01/2026Section 130Valuation and Quantific ation
3WP 3097 of 2026AL BADAR SPICESKeralaMaharashtraDate of Interception - 02/01/2026 Date of order of Confiscation 06/01/2026Sections 129 and 130Valuation
4WP 3225 of 2026M/S R.G TRADERSKeralaMaharashtra (Nagpur)Date of Interception - 12/01/2026 Date of order of Confiscation 21/01/2026Section 130Valuation
5WP 3227 of 2026M/S. SHIVA TRADERSKeralaMaharashtra (Nagpur)Date of Interception - 12/01/2026 Date of order of Confiscation 19/01/2026Section 129Valuation
6WP 3252 of 2026IQBAL DEENKarnat akaDelhiDate of Interception - 16/11/2025 Date of order of Confiscation 10/12/2025 Date of Appeal Order - 23/01/2026Section 130Valuation
7WP 3254 of 2026B J KUMARKarnat akaDelhiDate of Interception - 18/11/2025 Date of order of Confiscation 10/12/2025 Date of Appeal Order 23/01/2026Section 130Valuation

Order

8WP 3258 of 2026MR. SURESH KUMARKarnat akaDelhiDate of Interception - 18/11/2025 Date of order of Confiscation 01/12/2025 Date of Appeal Order 23/01/2026Section 130Valuation
9WP 3354 of 2026M/S. SREEKRISHN A TRADERSKarnat akaDelhiDate of Interception - 06/11/2025 Date of order of Confiscation 14/12/2025Section 130Absence of invoices and EWAY bills

Order

5. In all these cases, it is an admitted fact, that the said goods were accompanied by all the necessary documents, set out under Section 68 of the GST Act, 2017, except in W.P.No.3258 of 2026. However, the goods were intercepted and proceedings, under Section 129 or 130 of the GST Act, were initiated and continued, on the ground that the goods were grossly undervalued or on the ground that the goods do not match the description set out in the accompanying documents, or on the ground that the quantum of goods intercepted, was far higher than the quantum set out in the accompanying documents.

6. The contentions raised by the petitioners, in all the aforesaid cases are primarily twofold. Firstly, the State authorities in the State of Andhra Pradesh, have no jurisdiction, to initiate proceedings under Section 129 or section 130, in relation to movement of goods under the IGST Act and secondly, the question of valuation etc., cannot be taken up under Section 129 or 130

7. The first issue that

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top