Confiscation of Goods Without Giving Details of Discrepancies Noticed During Verification Is Unjustified | HC

Case Details: Cluster Enterprises v. Deputy Assistant Commissioner (ST)-2 - [2024] 164 taxmann.com 624 (Andhra Pradesh)

Judiciary and Counsel Details

• R. Raghunandan Rao & Harinath N., JJ.
• V. Bhaskar Reddy, Ld. Sr. Counsel & V. Siddharth Reddy for the Petitioner.

Facts of the Case

The petitioner was involved in business of scrap iron and was transporting scrap iron for sale to a dealer in Telangana State. The vehicles in which this scrap iron was being transported was stopped for verification and inspection. The department issued notice under Section 130 calling upon petitioner to show cause why goods under transport and as well as the vehicle in which the goods have been transported should not be confiscated. The petitioner filed its objections but the department passed order confiscating goods as well as the vehicle.

The petitioner filed writ petition and contended that the proceedings, including the order of confiscation, were invalid and without jurisdiction as the show cause notice lacked detailed reasons and necessary material was not provided to it.

High Court Held

The Honorable High Court noted that it is a settled principle of law that a show cause notice would have to set out the entire case against noticee and noticee should be given an opportunity to rebut the same. However, in the instant case, the show cause notice lacked detailed reasons and necessary material was not provided to assessee.

Moreover, the order of confiscation contained various details which were not available in the show cause notice. Also, the department did not choose to respond to the request of the petitioner for supply of the material on the basis of which the show cause notice had been issued. Therefore, the Court held that the confiscation order was liable to be set aside and matter was remanded back for proper adjudication.

List of Cases Reviewed

• Synergy Fertichem Pvt. Ltd. v. State of Gujarat [Special Civil Application No.4730 of 2019]
• Siddhbali Stone Gallery v. State of Gujarat in Special Civil Application No.17533 of 2019 (Para 26) followed.