By means of this writ petition, the order passed by the respondent has been challenged whereby the order passed by the proper authority under Section 129(3) of the CGST Act. The matter requires consideration.
Section 129, 130 of the CGST Act, 2017 – Goods in Transit --The petitioner challenged the order dated 23.11.2021 passed by the Appellate authority, whereby the order passed under Section 129(3) has been upheld and the appeal of the petitioner has been dismissed. The counsel for the petitioner submitted that proceedings for seizure have been done while simultaneously recording a finding that the goods were undervalued, and, on the basis of the best judgment of the assessment, the valuation has been enhanced. The court observed that the matter requires consideration.
Held that:- The Hon’ble High Court granted four week time to the respondent to file reply and directed that subject to the petitioner depositing the penalty and tax to the extent of 50% of the amount claimed, and furnishing security of the remaining 50% of penalty, within a period of two weeks, the goods and conveyance shall be released.
By means of this writ petition, the order passed by the respondent has been challenged whereby the order passed by the proper authority under Section 129(3) of the CGST Act. The matter requires consideration.
Section 129, 130 of the CGST Act, 2017 – Goods in Transit --The petitioner challenged the order dated 23.11.2021 passed by the Appellate authority, whereby the order passed under Section 129(3) has been upheld and the appeal of the petitioner has been dismissed. The counsel for the petitioner submitted that proceedings for seizure have been done while simultaneously recording a finding that the goods were undervalued, and, on the basis of the best judgment of the assessment, the valuation has been enhanced. The court observed that the matter requires consideration.
Held that:- The Hon’ble High Court granted four week time to the respondent to file reply and directed that subject to the petitioner depositing the penalty and tax to the extent of 50% of the amount claimed, and furnishing security of the remaining 50% of penalty, within a period of two weeks, the goods and conveyance shall be released.