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Allahabad High Court issued an important order, said – GST officers cannot confiscate the goods kept in the warehouse

Allahabad High Court issued an important order, said – GST officers cannot confiscate the goods kept in the warehouse
Allahabad High Court issued an important order, said – GST officers cannot confiscate the goods kept in the warehouse

Prayagraj. The Allahabad High Court in UP has issued an important order saying that under section 129(3) of the GST Act, GST officers do not have the right to confiscate the goods kept in the godown by raiding. Let us tell you that while criticizing the raid in the warehouse of Mahavir Polyplast, a business establishment in Agra and the action of confiscation, the court said that this act of the officers is illegal and beyond their jurisdiction. Also directed the GST commissioner of Uttar Pradesh to investigate and punish the guilty officers.

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Let us tell you that this order has been given by Justice SD Singh of Allahabad High Court. While passing the order, the court said that under section 129(3) of the GST Act, the officers have no jurisdiction to take such action. The officers kept a blind eye to the jurisdiction they never had. The duty has been deliberately neglected. The Court does not want to go deep into the intentions of the officers in this matter as it will have to issue a notice of clarification to those officers which would be a waste of the Court’s time.

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Let us tell you that on August 7, 2018, the GST officers raided the warehouse of the petitioner regarding the order issued by the High Court. In the raid of the team of Commercial Tax Department, the stock was confiscated stating that more raw and finished goods were recovered than the registered stock in the godown.

Regarding the matter, let us tell you that two officers had raided together but both issued separate notices of clarification. Both tax and penalty were imposed on the establishment. This order was challenged in the High Court. In this regard, the High Court has issued important orders.

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