Vardh Paper Products (P) Ltd. Vs Commissioner of Commercial Tax/GST, Lucknow

Date: May 4, 2018

Court: High Court
Bench: Allahabad
Type: Writ Petition
Judge(s)/Member(s): HABIHUL HASNAIN AND RAJAN ROY, JJ

Subject Matter

Writ petition dismissed as there were sufficient reasons with Assistant Commissioner to pass order of seizure

Search, Seizure and Detention

Summary

Assessee sought to quash seizure of goods transported from Delhi to Siliguri. However, after going through order, the HC felt that the Assistant Commissioner had sufficient reasons at the time of inception to pass the impugned orders.  The Court declines to interfere with the impugned order.

1. Heard Shri Pradeep Agarwal, learned counsel for the petitioner as well as learned Standing Counsel for the State.

2. The petitioner has prayed for a writ of certiorari for quashing the seizure under Section 129(1) of the U.P. GST Act, 2017 of the goods transported in Vehicle No. HR-55Y-0555 from Delhi to Siliguri (West Bengal) as contained in Annexure No. 1 to the Writ Petition.

3. We have gone through the order and we find that the reasons in the seizure order has been given from point nos. 1 to 5.

4. After going through these reasons we have no reason, prima facie, to disbelieve that the Assistant Commissioner had sufficient reasons at the time of inception to pass the impugned orders. However, we are not giving any definite opinion on the subject, but, this Court declines to interfere with the impugned order.

5. The writ petition being misconceived is, accordingly, dismissed.