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GST update /2026-27/0008

Golden Traders vs Special Secretary

GST UPDATE

Hon’ble Court: HIGH COURT OF ANDHRA PRADESH
Case Title: Golden Traders vs Special Secretary
Petition No. & Citation: W.P.No.541 of 2026 & batch
Hon’ble Judge(s) R Raghunandan Rao
Date of Order 1 April, 2026
Outcome Petition allowed in favor of Petitioner
 

Brief Facts of the Case

The petitioners, including Golden Traders and several others, was engaged in inter-State movement of goods, where consignments originated from one State and were destined for another State, merely passing through Andhra Pradesh. During such transit, the State GST authorities of Andhra Pradesh intercepted the vehicles at check posts and initiated proceedings under Section 129 (detention) and in certain cases Section 130 (confiscation) of the GST Acts. In most cases, the consignments were accompanied by valid documents such as invoices and e-way bills, except in one instance. Despite this, the authorities detained the goods alleging undervaluation, mismatch in quantity, or discrepancy in description.  Subsequently, confiscation orders were passed and penalties imposed.
Aggrieved, the petitioners approached the High Court by filing the writ petition, challenging that the proceedings were without jurisdiction and violative of constitutional provisions.

Relevant Sections/ Circulars

  • Section 6 CGST Act and Section 4 IGST Act
  • Sections 129 and 130 of the GST Act
  • Section 2(91) of the CGST Act- definition of Proper Officer
  • Circular No. 01/2017 bearing Reference F. No. 166/Cross Empowerment/GSTC/2017 dated 20.09.2017

Question before Hon’ble Court / Authority

  • Whether State GST authorities have jurisdiction to detain/confiscate goods in inter-State movement (IGST transactions)?
  • Whether valuation discrepancies or minor mismatches justify detention under Sections 129/130?

Scope and Extent of Cross Empowerment

 

Brief Arguments by Petitioner

  • Lack of Jurisdiction
The petitioners contended that the State GST officers have no jurisdiction, to initiate proceedings under Section 129 or section 130, in relation to movement of goods under the IGST Act as there exists no valid cross-empowerment notification authorizing such action.
 
  • Question of Valuation cannot be taken up under Section 129 or 130
It was contended that goods can not be intercepted and seized under Section 129 and Section 130 on the basis of valuation of a good in the invoice or qantum of goods intercepted, was far higher than the quantum set out in the accompanying document.
 
  • Documents Were Valid
The petitioner contended that in most of the cases goods were accompanied by proper invoices and e-way bills (except one case). Hence, detention was arbitrary.
 

Brief Arguments by Respondent

  • Cross-Empowerment Exists
On account of Section 6 CGST Act and Section 4 IGST Act, State officers can act under Central/IGST law.
 
  • Irregularities Justifies Action
The authorities held that the goods were undervalued / mismatched, indicating possible tax evasion and therefore detention is necessary to protect revenue and prevent evasion.
 

Cases Relied Upon

Case Laws Citation
Armour Security (India) Ltd. v. Commr. (CGST) (2025) 145 GSTR 385 : 2025 SCC OnLine SC 1700
TVL Vardhan Infrastructure vs. Special Secretary 2024 (16) CENTAX 509 (MAD)
Alfa Group Vs. The Assistant State Tax Officer (2020) 113 taxmann.com 222 (Kerala)
K.P. Sugandh Ltd. & Others Vs. State of Chhatisgarh & Ors  
Panchi Traders Vs. State of Gujarat  

Findings and Judgement

REGARDING JURISDICTION OF STATE TAX OFFICER UNDER IGST
Upon careful analysis of the relevant sections and notifications, it is pertinent to take note of the scope and extent of the Cross Empowerment which has been discussed in detail in the said judgement.
Statutory Basis of Cross-Empowerment
Cross-empowerment is statutorily provided under:
  • Section 6 of the CGST Act
  • Section 4 of the IGST Act
  • Section 6 of the respective SGST Acts
These provisions enable officers appointed under one enactment (e.g., State GST) to act as “proper officers” under another enactment (e.g., CGST/IGST), subject to conditions and notifications issued on the recommendation of the GST Council. The Court emphasized that these provisions are enabling in nature, meaning they permit cross-empowerment but do not automatically confer it in all circumstances.
 Administrative Allocation of Taxpayers as the Core Determinant
The GST framework introduced a system of administrative allocation of taxpayers between Centre and State to ensure a single interface and avoid duplication. As per GST Council guidelines issued via Circular No. 01/2017 dated 20.09.2017, taxpayers are divided and assigned to either authority. Therefore, if a taxpayer is assigned to the State, the State officer may act as a proper officer under CGST and IGST also, but only in relation to that taxpayer. Conversely, if assigned to the Centre, State officers cannot assume jurisdiction over such taxpayer.
 Purpose: Avoidance of Dual Control and Multiplicity of Proceedings
The introduction of cross-empowerment was necessitated by the dual taxation structure under GST, where both Centre and State tax the same transaction to avoid Parallel proceedings by different authorities and Increased compliance burden on taxpayers. The Court, relying on judicial interpretation in case of Armour Security (India) Ltd. highlighted that cross-empowerment serves a twofold purpose:
  1. To ensure a single authority handles a taxpayer
  2. To prevent overlapping jurisdiction and multiplicity of proceedings
 
Bar on Parallel Proceedings and Coordinated Functioning
One of the key features of cross-empowerment is the avoidance of parallel proceedings. Once an authority (either Centre or State) initiates action on a particular subject matter, the corresponding authority is barred from initiating proceedings on the same issue, thereby preventing duplication and conflicting decisions. Further, when an order is passed under one Act, a corresponding order must be passed under the parallel Act, ensuring consistency and coordination.
Powers in line with the Constitutional Framework
The Court placed significant reliance on the constitutional framework of GST:
  • Article 246A allows simultaneous taxation by Centre and States
  • Article 269A gives exclusive power to Parliament over inter-State supplies (IGST)
In light of this, States do not have independent taxing power over inter-State supplies and further cross-empowerment cannot be interpreted in a way that allows States to exercise powers beyond constitutional limits.
 Scope in IGST Context is Limited and Controlled
The Court clarified that although cross-empowerment extends to the IGST Act, its application isrestricted.
  • A State officer can act under IGST only when the taxpayer is assigned to that State, and the officer is properly empowered
  • However, a State cannot exercise jurisdiction merely because the goods are passing through its territory, or it there is a potential discrepancy
Thus, cross-empowerment in IGST matters is taxpayer-centric, not location-centric.
 
Accordingly, in relation to the instant case, this can be summarised as follows:
  A. Cross Empowerment:
State and Central GST officers can act as “proper officers” under CGST Act / IGST Act / APGST Act if the taxpayer is administratively assigned to them.
 B. Intra-State Powers:
State officers authorized under Sections 129/130 of APGST can exercise the same powers under CGST for intra-state transactions.
 C. Inter-State (Limited Power):
State officers can act under IGST for inter-state transactions only if Andhra Pradesh government gets a share of tax under Section 17 of IGST.
D. No Power for External Transactions:
State officers cannot act under IGST where the transaction both originates and ends outside Andhra Pradesh.
 E. Coordination Role:
If discrepancies are found in IGST goods movement, State officers can report to the appropriate jurisdictional officers (consignor/consignee) for further action.
REGARDING INTERCEPTION OF VEICHCLE ON ACCOUNT OF MINOR DISCREPANCY LIKE VALUATION DIFFERENCE
  • Reliance on earlier judicial precedents
The Court, while relying on the decision of the Gujarat High Court in Panchi Traders v. State of Gujarat, categorically held that although interception of vehicles in transit is permissible for verification of documents, such power does not extend to detention, seizure, or confiscation on the basis of valuation discrepancies in the normal course. It was observed that minor discrepancies, including differences in valuation, clerical errors, or mismatch in documents, do not justify invocation of Sections 129 or 130 of the GST Act. Even in cases of procedural violations without any intention to evade tax, the proper course would be imposition of penalty under Section 129, and not confiscation.
Proper Officer not entitled to conduct Valuation
The Court further emphasized that valuation is a matter of assessment, which cannot be undertaken at the stage of interception of goods in transit. A proper officer is not empowered to conduct valuation scrutiny, rely on portal data, or infer tax evasion during roadside checks. Such adjudication must be carried out through proper assessment proceedings. Confiscation, being a drastic measure, can be resorted to only in cases of serious contraventions involving clear intent to evade tax, such as absence of documents, fake invoices, or forged e-way bills.
Accordingly, the Court affirmed that mere variation in valuation cannot be a ground for detention or confiscation, and any such action would amount to an overreach of statutory powers. However, it clarified that in cases where there is a complete absence of required documents like e-way bills, appropriate action may still be taken in accordance with law.

Opinion

Author’s Comment

This judgment is a highly enlightening and significant ruling as it provides a detailed clarification on two important aspects. Firstly, on the scope and limitations of cross-empowerment under GST. While it has been a settled position by the Apex Court in the case of M/s Armour Security (India) Ltd. v. Commissioner, CGST, Delhi East Commissionerate 2025 (101) G.S.T.L. 289 (S.C.) / (2025) 33 Centax 222 (S.C.) that parallel proceedings by different authorities should not be initiated, the present judgment goes a step further in refining this principle.
Generally, in cases where goods are moved from one State to another, the goods are intercepted by authorities of another State having no jurisdiction. We were under impression that this is settled principle However, this case has taken an altogether different view. For instance, if goods are transported by a supplier from the State of Rajasthan to a recipient located in the State of Maharashtra, merely passing through the State of Gujarat, then State GST officers of Rajasthan can check the vehicle as it is originating from Rajasthan. It can be intercepted by State officers of Maharashtra as IGST share will be going to Maharashtra. But this decision lays down the analogy that the officers of Gujarat State cannot initiate any proceedings in relation to such inter-State supply, which originates outside the State of Gujarat and culminates outside the State of Gujarat. It further says that officers can check the vehicle but they have to tell the discrepancy to originating state or to the receiver state to take action. But the action cannot be taken by Gujarat state. We hope the above example would have clarified the complete situation to readers of this update.
This Court has thus taken a divergent view on the scope and extent of cross-empowerment. Earlier, in our previous update on Avanti Feeds Ltd. v. Union of India (WRIT PETITION No.11760 of 2023)we had discussed the concept of cross-empowerment in relation to jurisdiction of GST authorities to recover IGST on imported goods. Thus, this issue has become interpretational in nature, with various courts taking divergent views. In our opinion, this matter may require intervention of the GST Council for the purpose of bringing clarity and uniformity in implementation.
 Secondly, it clarifies that even in the normal course,the questions of seizure or confiscation, would not arise before a proper officer, under Section 129 or 130 on grounds of variation in valuation or or on the ground that the quantum of goods intercepted, was far higher than the quantum set out in the accompanying documents.
 
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