Goods seized due to difference of date in tax invoice & E-way Bill to be released after taking security : HC

By | May 14, 2019
(Last Updated On: May 14, 2019)

HIGH COURT OF ALLAHABAD

Ganga Industries

v.

Union of India

PANKAJ MITHAL AND PANKAJ BHATIA, JJ.

WRIT TAX NO. 1603 OF 2018

DECEMBER  14, 2018

Naveen Chandra Gupta and Lokesh Mittal for the Petitioner.

ORDER

1. The goods and the vehicle of the petitioner have been seized as the date of the tax invoice mentioned in the E-WAY bill was different from the date mentioned on the tax invoice.

2. The submission is that the seizure is on a hyper technical basis and that this Court in Ramdev Trading Co. v. State of U.P.2017 UPTC-1200 has held that where the breach is purely technical and there is no allegation of intention to evade tax, it would not be a valid ground for the seizure of the goods.

3. This apart, the goods seized are liable to be released in accordance with the provisions of clause (a)(b) & (c) of Section 129(1) of the Act.

4. In the present case, since the petitioner is the owner of the goods, we direct for the release of the goods on petitioner furnishing security of the amount equivalent to that mentioned in clause (a) of Section 129(1) of the Act.

5. The petition is disposed of.

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