SOMNATH CORPORATION Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has prayed for quashing a notice dtd. 21/1/2022 and the order of detention of the transport truck with goods which was done by the State GST authorities. The case of the petitioner is that a consignment of cumin seeds originating from Gujarat was in transit through a State, final destination being in Uttar Pradesh. It was intercepted by the GST authorities at Jaipur on the ground that driver of the vehicle did not carry valid document. The petitioner was issued a show cause notice and the goods along with vehicle have been seized, hence the petition.

(2.) In our opinion subject to the assessment, the vehicle and the goods should be released on certain conditions which power in any case the respondents have under the State GST Act. At the very best the expectation of the department could be to tax the goods and impose maximum possible penalty. As long as these amounts are secured, no purpose would be served in taxing the goods in the vehicle. The goods are perishable and the transport vehicle has been stranded.

(3.) We are informed that the value of goods is approximately Rs.24.84 lacs on which applicable tax would come to approximately Rs.1.24 lacs. Considering 200% maximum imposable penalty on such basic tax amount, the round figure that would come to inclusive of possible tax and highest penalty is Rs.3.75 lacs.