M/S Godrej And Boyce Manufacturing Co. LTD. vs. State Of U.P. And 02 Others

WTAX/587/2018HC AllahabadGSTCNR UPHC01063891201817 September 201856 pages
For Petitioner: Praveen KumarFor Respondent: C.S.C., (2), Case :- WRIT TAX No. - 454 of 2018, Petitioner :- L.G. Electronics India Pvt. Ltd., Respondent :- State Of U.P. And 3 Others
AI SummaryPartly Allowed

Held

The Court held that in most cases, the seizure orders and show cause notices were not sustainable in law due to confusion among authorities regarding the applicable E-Way Bill provisions and the unintentional nature of the omissions by the petitioners. However, in one specific case (Writ Petition No. 87 of 2018), the Court found no reason to interfere and relegated the petitioner to statutory remedies.

Facts

Multiple petitioners challenged seizure orders and show cause notices issued under Section 129 of the U.P. Goods and Service Tax Act, 2017. The primary ground for seizure was the alleged non-compliance with E-Way Bill requirements during the transportation of goods. Petitioners argued that the omission was unintentional and that the provincial statute should not override central legislation.

Key Issues

Whether the seizure of goods and issuance of show cause notices under Section 129 were justified due to alleged non-compliance with E-Way Bill requirements, and if the omissions were deliberate or unintentional.

Sections Cited

Section 129, Section 129 (1), Section 129 (3), Rule 138

AI-generated summary — verify with the full judgment below

1 (AFR)

Reserved on 25.04.2018 Delivered on 18.09.2018 Court No. 34 (1)

Case :- WRIT TAX No. - 587 of 2018 Petitioner :- M/S Godrej And Boyce Manufacturing Co. Ltd.

Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Praveen Kumar Counsel for Respondent :- C.S.C. (2)

Case :- WRIT TAX No. - 454 of 2018 Petitioner :- L.G. Electronics India Pvt. Ltd.

Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Atul Gupta,Utkarsh Malviya Counsel for Respondent :- C.S.C.,A.S.G.I. (3)

Case :- WRIT TAX No. - 455 of 2018 Petitioner :- Bharti Airtel Limited Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Nishant Mishra Counsel for Respondent :- C.S.C. (4)

Case :- WRIT TAX No. - 462 of 2018 Petitioner :- M/S Guala Closures(India) Pvt. Ltd.

Respondent :- State Of U.P. And 2 Ors Counsel for Petitioner :- Nishant Mishra Counsel for Respondent :- C.S.C. (5)

Case :- WRIT TAX No. - 458 of 2018 Petitioner :- M/s. Ras Polytex Pvt. Limited Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bipin Kumar Pandey,Aditya Pandey Counsel for Respondent :- C.S.C.,A.S.G.I.,Vaibhav

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