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Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

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GST UPDATE NO. 315 DETENTION ORDER TO BE SERVED ON OWNER OF GOODS AND NOT TRUCK DRIVER

GST UPDATE NO. 315 DETENTION ORDER TO BE SERVED ON OWNER OF GOODS AND NOT TRUCK DRIVER
The cases of detention and confiscation of goods during their movement has been a regular feature in GST regime. However, the root cause of concern is not following the proper procedure as prescribed by Circular No. 41/15/2018-GST dated 13.04.2018. It is often observed that the interception officers not issue show cause notice or other prescribed documents in prescribed format or fail to properly serve the notices or orders to the owner of goods. Recently, similar issue was raised before the hon’ble Gujarat High Court in the case of M/S TANAY CREATION VERSUS STATE OF GUJARAT [W.P. NO. 15195 OF 2021]. The outcome of this decision is the subject matter of discussion of our present update.
The petitioner is engaged in the trading of grey fabrics. It purchases goods from various manufacturers from different parts of the country and sell the same to various manufacturers.
It is averred that the petitioner sent goods under four tax invoices to the processors at Jetpur under the instructions of the buyers in the truck bearing No.GJ-01-JT-0689 through Kailash Translogistics Pvt. Ltd. The driver of the truck was carrying the goods mentioned in the tax invoice issued by the petitioner, which was intercepted by mobile squad on 22.08.2021 for at 11:10 a.m. at Kamrej Toll Plaza, Kamrej, Surat. According to the petitioner, the driver produced all the required documents relating to the goods, including tax invoice evidencing description, the value of the goods and rate of IGST of such transaction and tax on such goods. However, the truck was detained on the grounds that neither in the bill nor in the e-way bill, the receiver’s name and full address was mentioned.Moreover, there was mismatch in the quantity mentioned in the bill and the e-way bill. It was alleged that the goods were being transported to the unknown recipient for evasion of tax. Therefore, mobile squad directed physical verification of the conveyance, goods and documents.
The petitioner contended that on the directions of the buyers, goods were being sent to Jetpur for processing. However, while preparing tax invoice, inadvertently, the name of the supplier of the goods from whom the petitioner had purchased the goods had been mentioned as Consignee instead of the processors at Jetpur, but in the E-way bill, the correct place of delivery was mentioned i.e. Jetpur, Gujarat. It was alleged that no copy of SCN or order was served on the petitioner but the documents were served on the truck driver. The petitioner stated that inspite of the fact that they had paid the tax and penalty, goods were not provisionally released and rather order of confiscation under section 130 of the CGST Act, 2017 was being passed.
It is contended that though the total amount of tax and penalty had been already paid, the respondents are not inclined to release the goods without payment of redemption of fine, as there is clear violation of the principles of natural justice.
The revenue authorities justified the orders passed and contended that present petition is not sustainable as alternate remedy is available to the petitioner.
The hon’ble High Court denied the contention of availability of alternate remedy of appeal to the petitioner on the grounds that Court may entertain writ petition in case of exception such as violation of the principles of natural justice. It was held that the notice and order was served to the truck driver and not to the petitioner or truck owner. It was also reckoned that petitioner has already paid the amount of tax and penalty. Reliance was placed on the decision given in the case of SITARAM ROADWAYS (URP) and SYNERGY FERTICHEM PVT. LTDWhile in the case of SITARAM ROADWAYS (URP), show cause notice was issued to the petitioner and the date had also been fixed for hearing but the only allegation was of passing the non-speaking order without affording opportunity of hearing; in the present case, petitioner being the owner of goods was not even served the SCN and opportunity was afforded to the driver. The detention order was also served on the person-in-charge of the conveyance. Hence, no opportunity of hearing was given to the petitioner and the order is complete breach of the principles of natural justice.
Therefore, the confiscation order was quashed and matter is restored to the revenue authorities to issue the notice under section 130 and decide the matter afresh in accordance with law, after affording an opportunity of personal hearing to the petitioner by passing a reasoned order.
Furthermore, it was held that as the petitioner has deposited the amount of tax and penalty, the conveyance and goods shall be released by the competent authority within 7 days from the date of receipt of the copy of this order.
The above decision is yet another example of intervention of High Court where the principle of natural justice has been violated. The fundamental right of the taxpayer is to receive SCN or order so as to defend themselves by taking appropriate course of action. It is hoped that the revenue authorities strictly follow these decisions so as to avoid unnecessary disputes in future.
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PRADEEP JAIN, F.C.A.

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