Patna High Court Ruling: Proper Officer Must Issue Notice Within 7 Days

Introduction:

In a recent case before the Patna High Court, the timeline for the proper officer to pass an order regarding the detention or seizure of goods or conveyance under the Central Goods and Services Tax Act, 2017 (CGST Act) came under scrutiny. This article delves into the specifics of the case, analyzing the facts presented, the issue at hand, and the court’s decision regarding the proper timeline for such orders.

Background of the Case:

M/s. Pawan Carrying Corporation, herein referred to as “the Petitioner,” was involved in the transportation of tobacco through the State of Bihar. The Tax Authorities intercepted their vehicle on December 22, 2023, leading to subsequent actions by the authorities.

Facts of the Case:

Upon interception, the authorities issued statements and forms for physical verification. However, the formal detention order was issued only after the driver submitted an application for physical verification, which occurred on December 28, 2023. The Petitioner submitted relevant documents on January 02, 2024.

Subsequently, a notice under Section 129(3) of the CGST Act was issued on January 05, 2024, which exceeded the seven-day timeline from both the date of interception and detention.

Issue:

The core issue in this case revolves around whether the proper officer is obligated to pass an order within seven days of serving notice of detention or seizure of goods or conveyance, as per the provisions of the CGST Act.

Court’s Analysis and Decision:

The Patna High Court meticulously analyzed the timeline of events and the provisions of the CGST Act. It observed that there was no justification for delaying the verification of goods pending the driver’s application. Section 129 of the CGST Act empowers authorities to detain or seize goods in transit, disregarding any waiting period for application submissions.

Furthermore, the Court noted that even if the detention occurred on December 28, 2023, the notice issued on January 05, 2024, exceeded the statutory seven-day period. The Court emphasized the clarity and definitiveness of the limitation imposed by the statute.

Ultimately, the Court held that the Respondents failed to adhere to the provisions of the CGST Act, leading to the invalidity of the detention order. The Impugned Order was set aside, and the authorities were directed to release the vehicle and its goods immediately.

Conclusion:

This case underscores the importance of adhering to statutory timelines and procedures in matters of taxation and regulatory enforcement. The Court’s decision reaffirms the necessity for proper officers to act promptly within the stipulated timelines, ensuring fairness and compliance within the legal framework.