Mahaveer Trading Company vs. State Of U.P. And 2 Others
(Allahabad High Court, Uttar Pradesh)

Case Law
Petitioner / Applicant
Mahaveer Trading Company
Respondent
State Of U.P. And 2 Others
Court
Allahabad High Court
State
Uttar Pradesh
Date
Oct 23, 2019
Order No.
Writ Tax No. – 906 of 2019
TR Citation
2019 (10) TR 1912
Related HSN Chapter/s
N/A
Related HSN Code
N/A

ORDER

Heard learned counsel for the petitioner and learned Additional Advocate General for the State.

It has been brought to notice of the Court that the goods are perishable and hazardous in nature.

Sri Manish Goyal learned Addl. Advocate General has submitted that the Central Goods and Services Tax Act, 2017 provides a complete procedure for release of such goods, as contained in section 67(8) of the Act read with Rule 141 of the relevant Rules, which are quoted herein below:

Section 67(8). The Government may, having regard to the perishable or hazardous nature of any goods, depreciation in the value of the goods with the passage of time, constraints of storage space for the goods or any other relevant considerations, by notification, specify the goods or class of goods which shall, as soon as may be, after its seizure under sub-section (2), be disposed of by the proper officer in such a manner, as may be prescribed.

Rule 141. Procedure in respect of seized goods.-(1) Where the goods or things seized are of perishable or hazardous nature, and if the taxable person pays an amount equivalent to the market price of such goods or things or the amount of tax, interest and penalty that is or may become payable by the taxable person, whichever is lower, such goods or, as the case may be, things shall be released forthwith, by an order in FORM GST INS-05, on proof of payment.”

Subject to compliance of the above provisions of law, the goods so seized may be considered for release within next one week.

The writ petition is, accordingly, disposed of.

Please Wait
  • Home
  • /
  • caselaw
  • /
  • mahaveer trading company vs state of u p and 2 others allahabad high court

BUSY is a simple, yet powerful GST / VAT compliant Business Accounting Software that has everything you need to grow your business.

phone Sales & Support:

+91 82 82 82 82 82
+91 11 - 4096 4096