GST

Non constitution of GST Appellate Tribunal in Uttar Pradesh-High Court calls personal affidavit from Principal Secretary

Non constitution of GST Appellate Tribunal in the State of Uttar Pradesh-High Court calls personal affidavit from Principal Secretary on reasons for delay and steps taken till date.

ABCAUS Case Law Citation:
ABCAUS 2418 (2018) 07 HC

The instant writ petition had been filed against the proceedings under Section 129 (3) of the U P GST Act 2017 (the Act). 

The petitioner was a seller at Uttar Pradesh (UP) who had affected certain sales to a registered dealer situated within the State of UP against the tax invoice. However, the goods handed over to the transporter was intercepted by GST Officials and a detention memo was issued on the allegation  that the goods was not accompanied by the E-way bill.  The goods was seized and a penalty order under Section 129 (3) was passed. 

Against the order passed under Section 129 (3) the petitioner went in appeal under Section 107(1) of the Act, before the Additional Commissioner (Appeal). The appeal was dismissed by confirming the order of penalty passed and the petitioner was directed to deposit the disputed amount.

The Petitioner had filed the present writ against this order of First Appellate Authority and contended that though Section 109,110,111 and 112 of the Act provides the Constitution of appellate Tribunal and procedure before the appellate Tribunal etc. but till date no appellate Tribunal had been constituted by the State.

The Standing Counsel representing the UP State contended that it was only the union to constitute the appellate Tribunal and not alone the State of UP.

The Hon’ble High Court observed that in any case the constitution of the Tribunal was necessary and in this regard earlier also the Court had issued the directions for the constitution of the Tribunal. 

The Hon’ble High Court expressed surprise that even after completion of one year from the date of introduction of the GST no appellate Tribunal has been constituted. 

The Hon’ble High Court directed that the Principal Secretary (Tax and Institutional Registration) Civil Secretariat, Lucknow to file a personal affidavit providing all details with regard to non establishment of the Tribunal till date and the steps taken by the respondent authorities. 

As interim protection the Hon’ble High Court directing for release of the seized goods along with the vehicle on furnishing of bank guarantee.

Download Full Judgment Click Here >>

Share

Recent Posts

  • Income Tax

CIT notice u/s 263 quashed as AO rightly took DVO value of property as actual sale price

CIT Revision notice u/s 263 quashed as the Assessing Officer rightly taken DVO value of property sold as actual sale…

2 hours ago
  • GST

Extension of timeline for implementation of Ship To GSTIN & Voluntary Closure of E-Way Bill functionalities

Extension of timeline for implementation of mandatory "Ship To GSTIN" and Voluntary Closure of E-Way Bill functionalities GSTN Advisory dated…

2 hours ago
  • Income Tax

No protective addition required when additions is confirmed in hands of searched person – ITAT

No protective addition required in the hand of a third party when additions have been confirmed in the hands of…

24 hours ago
  • arbitration

Limitation u/s 34 of Arbitration Act commences on disposal of application u/s 33 by Arbitral Tribunal – SC

Limitation for filing application u/s 34 of Arbitration Act commence from date on which application u/s 33 is disposed of…

5 days ago
  • Income Tax

Case remanded in absence of finding if disallowance u/s 40A(3) covered by Rule 6DD

Case remanded as no finding was given whether cash payments disallowed u/s 40A(3) were covered by Rule 6DD under Income…

6 days ago
  • Income Tax

For investment in share capital, source of investment is outside the control of the investee company

In case of investment in share capital, the source of investment may remain outside the control of the investee company.…

6 days ago