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MANOJ KUMAR GUPTA, DONADI RAMESH
S. V. Brothers – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
The petitioner has challenged the seizure order dated 12.08.2023 passed by respondent no. 2 under the provisions of the Central Goods and Services Tax Act, 2017 (for short hereinafter referred to as 'the Act') as well as the penalty order dated 20.08.2023 also passed by the same respondent. The petitioner has also prayed for a direction to respondent no. 2 to drop auction proceedings of the seized goods as per notice dated 28.10.2023.
2. The second respondent had intercepted a consignment of Areca Nuts from truck bearing registration no. UP53 DT 9190. The petitioner, who is the consignee of the goods as mentioned in the bilty, invoice and e-way bill and is registered under the Act in Delhi applied for temporary registration. The petitioner after passing of the seizure order filed an application on 17.08.2023 for release of seized goods in its favour on the footing that he being the consignee, is entitled to release of the goods in terms of Section 129 (1)(a) of the Act after payment of penalty equal to 200% of the tax payable on the seized goods. However, by order dated 28.08.2023, respondent no. 2 declined to release the seized goods in favour of the petitioner and also l
The consignee of goods is deemed the owner if invoices and e-way bills accompany the consignment, contrary to penalty orders based on inadequate findings.
The court established that proper documentation allows the owner of goods to be treated under Section 129(1)(a) of the CGST Act for release, overriding penalties under (1)(b).
The court determined that compliance with documentation allows a transporter to be regarded as the owner of goods, affecting the imposition of penalties under the C.G.S.T. Act.
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