Goods detained in transit? | Undervalued Goods in transit? | High Court Case Study | Eway bill скачать в хорошем качестве

Goods detained in transit? | Undervalued Goods in transit? | High Court Case Study | Eway bill

[2024] (Allahabad) HIGH COURT OF ALLAHABAD A.N. Enterprises v. Additional Commissioner* PIYUSH AGRAWAL, J. WRIT TAX NO. - 366 OF 2021 NOVEMBER 19, 2024 Detention of goods and conveyances in transit - Under-valued Goods - Period 2019-20 - Assessee in normal course of business sold aluminum cable - During transit on its onward journey, goods were intercepted and on physical verification, it was alleged that in-stead of aluminum cable, PVC Aluminum mixed cable (Feeder Cable) was found - On said pretext, goods were seized and proceedings under section 129 were initiated - On appeal, impugned order was passed on grounds that goods in question were undervalued - On Writ - HELD : On perusal, it showed that goods in question were accompanying e-way bill, GR, tax invoices etc. and in HSN Code 8544 were specifically mentioned - There was no difference in HSN code and quantity as well as tax leviable on goods in question - Commissioner, Commercial Tax, UP by way of Circular No. 229/1819009, Dated 9-5-2018 had specifically stated that no goods shall be detained on ground of under valuation - Once this fact was not disputed that HSN Code and rate of tax was similar, no adverse inference could be drawn - Impugned order was to be set aside [Section 129 of Central Goods and Services Tax Act, 2017/Uttar Pradesh Goods and Services Tax Act, 2017] [Paras 10 to 12] [In favour of assessee] Circulars and Notifications: Circular No. 229/1819009, Dated 9-5-2018 #AllahabadHighCourt #GSTJudgment #ANEnterprises #TaxLaw #GoodsInTransit #Section129 #GSTAct #PVCAluminumCable #HSNCode #CommercialTax #TaxCompliance #legalupdates