M/S. Peenya Industrial Gases (P) ... vs State Of Kerala
2022 Latest Caselaw 7731 Ker

W.P.(C)No.14002/2022                         1

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                      THE HONOURABLE MR. JUSTICE GOPINATH P.
            TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
                              WP(C) NO. 14002 OF 2022
PETITIONER:

                  M/S. PEENYA INDUSTRIAL GASES (P) LTD.,
                  PLOT NO. 30, P1, KIADB INDUSTRIAL AREA DOBASPET,
                  NELAMANGALA TALUK BANGALORE, PIN - 562111, HAVING OFFICE
                  AT MUPPATHADAM KUDANGALUR VILLAGE EDAYAR INDUSTRIAL AREA,
                  ERNAKULAM-683 110, REPRESENTED BY ITS AUTHORIZED
                  SIGNATORY BIJOY.P.

                  BY ADVS.ALIAS M.CHERIAN
                  BRISTO S PARIYARAM
                  AJAI ALIAS CHALAPPURAM
                  K.M.RAPHY
                  NEENU ANNA BABU


RESPONDENTS:

       1          STATE OF KERALA,REPRESENTED BY ITS PRINCIPAL SECRETARY
                  FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.

       2          THE COMMISSIONER OF STATE TAX,TAX TOWERS, KARAMANA P.O
                  KILLIPALAM, THIRUVANANTHAPURAM. PIN - 695 002.

       3          THE STATE TAX OFFICER, SQUAD V, STATE GOODS AND SERVICES
                  TAX DEPARTMENT ERNAKULAM, PIN - 682 015.

       4          THE ASSISTANT STATE TAX OFFICER,SQUAD V, STATE GOODS AND
                  SERVICES TAX DEPARTMENT ERNAKULAM, PIN - 682 015.

       5          UNION OF INDIA, REPRESENTED BY ITS SECRETARY GST
                  AUTHORITIES, MINISTRY OF FINANCE,GOVERNMENT OF INDIA,
                  NORTH BLOCK, NEW DELHI, PIN - 110 001.

                  BY ADV MANU S., ASG OF INDIA


OTHER PRESENT:

                  ADV. JASMIN M M (GP)


THIS       WRIT    PETITION   (CIVIL)    HAVING   COME   UP   FOR   ADMISSION   ON
28.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.14002/2022                    2

                              JUDGMENT

The petitioner has approached this Court being aggrieved by the

proceedings initiated against the petitioner under Section 129 of the

CGST Act in respect of industrial gas transported by the petitioner from

Bangalore to Cochin Shipyard. It is the submission of the learned

counsel for the petitioner that the proceedings under Section 129 were

totally without jurisdiction and amounts to a harassment. It is submitted

that every procedure contemplated by the law had been followed by the

petitioner and the petitioner was forced to execute a bank guarantee for

release of goods detained by the officer concerned. It is submitted that

persons who are honestly doing business should not be penalised in such

manner.

2. The learned Government Pleader on instructions would

submit that the goods in question along with the conveyance have been

released on the petitioner furnishing a bank guarantee. It is submitted

that the officer has yet to conclude that there was any wrong doing on the

part of the petitioner. It is submitted that, if the petitioner appears

before the 4th respondent on a specified date, the officer will adjudicate

the matter and pass a final order.

3. Having heard the learned counsel for the petitioner and the

learned Government Pleader, I am of the opinion that this writ petition

can be disposed of directing the 4 th respondent to conclude the

proceedings initiated against the petitioner under Section 129 of the

CGST Act, after affording an opportunity of hearing to the petitioner.

The petitioner shall appear before the 4th respondent at 11 A.M. on

12.7.2022. The petitioner shall produce all necessary documents before

the 4th respondent and the 4th respondent shall complete the proceedings

initiated against the petitioner under Section 129, by passing final order

within a period of one month from 12.7.2022. Till final orders are

passed, the bank guarantee produced by the petitioner shall not be

encashed.

sd/-

GOPINATH P.

JUDGE acd

APPENDIX OF WP(C) 14002/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF DELIVERY CHALLAN NO. 8676 DATED 30/03/2022 ISSUED BY THE PETITIONER.

Exhibit P2 TRUE COPY OF DELIVERY CHALLAN NO. 8677 DATED 30/03/2022 ISSUED BY THE PETITIONER.

Exhibit P3 TRUE COPY OF DELIVERY CHALLAN NO. 8678 DATED 30/03/2022 ISSUED BY THE PETITIONER.

Exhibit P4 TRUE COPY OF DELIVERY NOTE NO. 8676 DATED 30/03/2022 ISSUED BY THE PETITIONER.

Exhibit P5 TRUE COPY OF DELIVERY NOTE NO. 8677 DATED 30/03/2022 ISSUED BY THE PETITIONER.

Exhibit P6 TRUE COPY OF DELIVERY NOTE NO. 8678 DATED 30/03/2022 ISSUED BY THE PETITIONER.

Exhibit P7 TRUE COPY OF E-WAY BILL NO. 131455349223 DATED 30/03/2022.

Exhibit P8 TRUE COPY OF STATEMENT OF THE OWNER/FORM GST MOV-01 BEARING NO. VCR/V/426/21-22 DATED 31/03/2022 RECORDED BY 4TH RESPONDENT.

Exhibit P9 TRUE COPY OF ORDER FOR PHYSICAL VERIFICATION/ FORM GST MOV-02 BEARING NO. VCR/V/426/2122 DATED 31/03/2022 ISSUED BY THE 4TH RESPONDENT.

Exhibit P10 TRUE COPY OF PHYSICAL VERIFICATION REPORT/FORM GST MOV-04 BEARING NO.

VCR/V/426/21-22 DATED 31/03/2022 ISSUED BY THE 4TH RESPONDENT.

Exhibit P11 TRUE COPY OF ORDER OF DETENTION FORM GST MOV-06 BEARING NO. VCR/V/426/21-22 DATED 31/03/2022 ISSUED BY THE 4TH RESPONDENT.

Exhibit P12 TRUE COPY OF NOTICE/FORM GST MOV-07 NO.

VCR/V/426/21-22 DATED 31/03/2022 ALONG WITH ANNEXURE TO NOTICE/MOV-07 ISSUED BY

THE 4TH RESPONDENT.

Exhibit P13 TRUE COPY OF BANK GUARANTEE NO.

0505322BG0001136 DATED 04/04/2022 ISSUED BY STATE BANK OF INDIA.

Exhibit P14 TRUE COPY OF EXPLANATION NO. PIGPLD/ GST/9939 DATED 05/04/22 FILED BEFORE 4TH RESPONDENT.

Exhibit P15 TRUE COPY OF RELEASE ORDER/FORM GST MOV-05 BEARING NO. VCR/V/426/21-22 DATED 31/03/2022 ISSUED BY THE 4TH RESPONDENT.