GST UPDATE

*Desk of CA. PRAVEEN SHARMA:-* 

Series- *376*.

*Section 129 of the CGST Act, 2017 — Goods in Transit*

1. Allahabad HC in the case of Kamakhya Traders Guwahati Kamrup Assam V/s State of U.P.

2. Present petition has been filed challenging the order passed under Section 129(3)(a) of the CGST Act. The contention of the department against the petitioner is that the petitioner was transporting the goods without an E-Way bill. The matter requires consideration.

3. The counsel for the petitioner submitted that the respondents have no authority to determine the valuation of the goods at the time of their release and the value as shown in the tax invoice has to be presumed to be correct unless steps are taken for determination of the value. 

5. The Hon’ble High Court directed the Respondents to file a counter affidavit within three weeks. As an interim measure, the goods of the petitioner shall be released on his paying half of the amount demanded. For the other half, the petitioner shall submit an indemnity bond as security.

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