M/S K S Arecanut Stores vs. State Of Karnataka

WP/19098/2019HC KarnatakaGSTCNR KAHC03000016201925 October 2019Bench: JOHN MICHAEL CUNHA10 pages
For Petitioner: SRI VENKATESH C. MALLABADI, ADVOCATE FOR SRI AMEET KUMAR DESHPANDE, ADVOCATE
AI SummaryPartly Allowed

Held

The Court held that the respondents failed to provide an opportunity to the petitioners to get the seized goods released under Section 129(1)(a) and also failed to comply with Section 130(7) by not giving reasonable time for payment of fine. Therefore, the petitioners were permitted to pay the applicable tax and penalty, and the sale proceeds were to be returned to them.

Facts

The petitioners' goods were detained and subsequently seized under the KGST/CGST and IGST Act. The petitioners sought to quash the detention and seizure orders, claiming they were accompanying the goods with necessary documents and were willing to pay the applicable tax and penalty.

Key Issues

Whether the respondents complied with the procedural requirements for detention, seizure, and release of goods under the GST Act, and whether the petitioners were given adequate opportunity to pay tax and penalty for release.

Sections Cited

Section 129, Section 130

AI-generated summary — verify with the full judgment below

1 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 25TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA WRIT PETITION NO.19098/2019 & NOS.19722-19723/2019 (T-RES) BETWEEN:

1.

M/S. K.S. ARECANUT STORES REPRESENTED BY ITS PROPRIETOR MR. SAINULBID K H SON OF MR.HAMSA AGED ABOUT 21 YEARS RESIDING AT DOOR NO.XI/229 CHALISSERY ROAD, PERUMANNUR KELARA 679 536

2.

M/S. T.K.K. TRADERS REPRESENTED BY ITS PROPRIETOR MR. T. K. KOYA SON OF MR.KUNJHAHAMMED HAJI AGED ABOUT 61 YEARS RESIDING AT THAVANOOR THRIKANNALPURAM MALLAPURAM, KERALA 679 571 ... PETITIONERS (BY SRI VENKATESH C. MALLABADI, ADVOCATE FOR SRI AMEET KUMAR DESHPANDE, ADVOCATE) AND:

1.

STATE OF KARNATAKA MINISTRY OF FINANCE

2 DEPARTMENT OF REVENUE M S BUILDING, DR. B R AMBEDKAR VEEDHI BENGALURU – 560001

2.

COMMISSIONER OF COMMERCIAL TAXES VANIJYA THERIGE KARYALAYA 1ST MAIN ROAD, GANDHINAGAR BANGALORE – 560009

3.

COMMERCIAL TAX OFFICER ENFORCEMENT – 02 GOVERNMENT BUILDING AFFZALPURTEKKE VIJAYAPUR – 586 102

4.

ASSISTANT COMMISSIONER OF COMMERCIAL TAXES (ENFORCEMENT), BIJAPUR GOVERNMENT BUILDING AFFZALPURTEKKE VIJAYAPUR – 586 102

5.

JOINT COMMISSIONER OF COMMERCIAL TAXES (ENFORCEMENT), NORTH

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