C.P.Muhammed Ansari vs. The Assistant State Tax Officer
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS WEDNE AY, THE 05TH DAY OF FEBRUARY 2020 / 16TH MAGHA, 1941 WP(C).No.2999 OF 2020(Y) PETITIONER/S: C.P.MUHAMMED ANSARI AGED 46 YEARS S/O.K.A.ABDUL AZEEZ HAJI, PROPRIETOR M/S. FORTUNE ASSOCIATES, PANAMKAVU.P.O, CHIRAKKAL, KANNUR-670011 BY ADV. SRI.C.K.SREEJITH RESPONDENT/S: 1 THE ASSISTANT STATE TAX OFFICER STATE GOODS AND SERVICES DEPARTMENT, SQUARD NO.IV, KOLLAM, PUNALUR-691305 2 STATE TAX OFFICER STATE GOODS AND SERVICES DEPARTMENT, SQUAD NO.IV, KOLLAM, PUNALUR-691305 3 THE COMMISSIONER STATE GOODS AND SERVICE TAX DEPARTMENT, GOVT. OF KERALA, TRIVANDRUM-695001 4 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM- 695001 OTHER PRESENT: SMT.M.M.JASMINE, GOVT.PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.2999 OF 2020(Y) 2 ALEXANDER THOMAS, J. ----------------------------------------- W.P.(C.) No. 2999 of 2020 ----------------------------------------- Dated this the 5th day of January, 2020 JUDGMENT The facts set up in this W.P.(C.) are as follows : That the petitioner is an importer and exporter. The petitioner purchased imported raw cashew from MAC world Industries RHD-3-11 Block B, Philed Damansara, Malaysia. Vide Ext.P1 has paid IGST of Rs.630769/- It is submitted that the original importer was M/s. St.Mary's Cashew Factory, Puthoor, Kollam. The goods were transported to Ernakulam at the Branch Officer of the petitioner concerned. While so, the dealer called M/s. St.Mary's Cashew Factory has agreed to purchase the goods after taking samples. Hence the vehicle was de-routed to Puthoor, Kollam. While so, the 1st respondent intercepted the vehicle and goods and notice u/s.129(1) of GST Act. As per the notice demanding a security amount of Rs.1,07,719/-. It is submitted that there was no attempt of tax evasion. The goods were de-routed to Kollam as there was enquiry from M/s.St.Mary's Cashew Factory at Kollam. The petitioner has already paid IGST to the tune of Rs.630769/-. It is also submitted that allegations are absolutely false. Hence the petitioner wanted to release the goods without insisting security deposit. The demand is highly illegal, hence liable to be interfered.
WP(C).No.2999 OF 2020(Y) 3
In the light of these averments and contentions, the petitioner has filed the instant W.P.(C.) with the following prayers : (i) “Issue writ of mandamus or such other writ or direction directing the 1 st respondent to release the goods and vehicle without insisting security deposit. (ii) Issue any other relief that this Hon'ble High Court may deem fit to grant in the facts and circumstances of the case.”
Heard Sri.C.K.Sreejith, learned counsel appearing for the petitioner and Smt. M.M.Jasmine, learned Government Pleader appearing for the respondents.
After hearing both sides and taking note of the facts and circumstances of this case as disclosed from the pleadings and materials on record, it is ordered that the goods and vehicle detained pursuant to Ext.P3 detention order shall be released by the 1st respondent to the petitioner on the petitioner furnishing bank guarantee for the value of the amounts shown in Ext.P3 order. Thereafter, the 1st respondent may finalise the adjudication proceedings pursuant to the impugned Ext.P3 detention order, after affording reasonable opportunity of being heard to the petitioner, through the counsel, if any and orders may be passed finalising the said proceedings, without much delay, preferably within a period of 4- 6 weeks from the date of production of the certified copy of this judgment. With these observations and directions, the above W.P.(C.) will stand disposed of. ALEXANDER THOMAS, JUDGE SKS
WP(C).No.2999 OF 2020(Y) 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 THEOF THE BILL OF ENTRY FOR HOME CONSUMPTION, CUSTOM HOUSE, TUTICORIN DT.31.1.2020 EXHIBIT P2 THEOF THE AGREEMENT ON HIGH SEA SALES DT.15.1.2020 EXHIBIT P3 THEOF THE FORM GST MOV-01 DT.31/1/2020 EXHIBIT P4 THEOF THE FORM GST MOV-02 DT.31/1/2020 EXHIBIT P5 THEOF THE FORM GST MOV-04 DT.31/1/2020 EXHIBIT P6 THEOF THE FORM GST MOV-06 DT.31/1/2020 EXHIBIT P7 THEOF THE FORM GST MOV-07 DT.31/1/2020 EXHIBIT P8 THEOF THE E-WAY BILL
Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.