w w w . L a w y e r S e r v i c e s . i n



M/s. Commercial Steel Co. v/s ASC Sales Tax


Company & Directors' Information:- S A L STEEL LIMITED [Active] CIN = L29199GJ2003PLC043148

Company & Directors' Information:- M M S STEEL PRIVATE LIMITED [Active] CIN = U27109TZ1996PTC006849

Company & Directors' Information:- G. O. STEEL PRIVATE LIMITED [Active] CIN = U27100PB2007PTC031033

Company & Directors' Information:- SALES INDIA PRIVATE LIMITED [Active] CIN = U29191GJ1985PTC007880

Company & Directors' Information:- I. B. COMMERCIAL PRIVATE LIMITED [Active] CIN = U70101MH2007PTC167888

Company & Directors' Information:- R. M. COMMERCIAL PRIVATE LIMITED [Active] CIN = U51909WB2007PTC119841

Company & Directors' Information:- G L COMMERCIAL LIMITED [Active] CIN = U74130DL1985PLC020182

Company & Directors' Information:- J M G STEEL PRIVATE LIMITED [Strike Off] CIN = U27105BR1992PTC004985

Company & Directors' Information:- P R SALES CORPORATION PRIVATE LIMITED [Active] CIN = U52399PN2011PTC141408

Company & Directors' Information:- T. R. COMMERCIAL PRIVATE LIMITED [Active] CIN = U67120OR2008PTC010275

Company & Directors' Information:- H L STEEL PVT LTD [Active] CIN = U27107AS1992PTC003726

Company & Directors' Information:- H C COMMERCIAL LTD [Active] CIN = U72300WB1970PLC027736

Company & Directors' Information:- K V M STEEL PRIVATE LIMITED [Active] CIN = U29141DL1988PTC031248

Company & Directors' Information:- M B COMMERCIAL CO LTD [Active] CIN = L51909WB1960PLC024849

Company & Directors' Information:- M B COMMERCIAL CO LTD [Active] CIN = U51909WB1960PLC024849

Company & Directors' Information:- A R COMMERCIAL PRIVATE LIMITED [Active] CIN = U17210WB2011PTC170257

Company & Directors' Information:- P K SALES COMPANY PRIVATE LIMITED [Active] CIN = U74140DL2011PTC219681

Company & Directors' Information:- K STEEL PRIVATE LIMITED [Strike Off] CIN = U27104JH1973PTC000998

Company & Directors' Information:- R. J. STEEL PRIVATE LIMITED [Active] CIN = U28112MH2009PTC193047

Company & Directors' Information:- M M STEEL PRIVATE LIMITED [Active] CIN = U27107MH2001PTC131270

Company & Directors' Information:- V & G COMMERCIAL PRIVATE LIMITED [Active] CIN = U51909MH2011PTC213338

Company & Directors' Information:- H G COMMERCIAL PVT LTD [Active] CIN = U52190WB1991PTC050743

Company & Directors' Information:- K B SALES LTD [Active] CIN = U51109WB1993PLC058255

Company & Directors' Information:- S B P COMMERCIAL PVT LTD [Active] CIN = U51101AS1996PTC004692

Company & Directors' Information:- J K SALES PRIVATE LIMITED [Active] CIN = U74899DL2001PTC109479

Company & Directors' Information:- R K COMMERCIAL LTD [Active] CIN = L65993WB1982PLC035298

Company & Directors' Information:- L R COMMERCIAL PVT LTD [Active] CIN = U70102WB1995PTC073665

Company & Directors' Information:- B L STEEL PVT LTD [Active] CIN = U51909WB1981PTC034021

Company & Directors' Information:- R K G STEEL PRIVATE LIMITED [Active] CIN = U27109DL2004PTC128852

Company & Directors' Information:- V B STEEL PRIVATE LIMITED [Active] CIN = U28112MH2010PTC211691

Company & Directors' Information:- J K COMMERCIAL CORPN LTD [Strike Off] CIN = U65923UP1943PLC001188

Company & Directors' Information:- I B STEEL COMPANY PRIVATE LIMITED [Strike Off] CIN = U28910MH2010PTC211344

Company & Directors' Information:- M M K COMMERCIAL PRIVATE LIMITED [Active] CIN = U27100WB2008PTC128229

Company & Directors' Information:- M G B COMMERCIAL PVT LTD [Amalgamated] CIN = U74950WB1993PTC060732

Company & Directors' Information:- M C SALES PRIVATE LIMITED [Active] CIN = U51909PB2007PTC031203

Company & Directors' Information:- A V M SALES PVT LTD [Active] CIN = U24112WB1990PTC048552

Company & Directors' Information:- P S SALES PRIVATE LIMITED [Active] CIN = U51432UP2002PTC026496

Company & Directors' Information:- A M SALES PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC034571

Company & Directors' Information:- V A M COMMERCIAL CO LTD [Active] CIN = U51909WB1983PLC036163

Company & Directors' Information:- J S C STEEL PRIVATE LIMITED [Active] CIN = U27106UP2013PTC061568

Company & Directors' Information:- S. M. STEEL PRIVATE LIMITED [Active] CIN = U51101MH2013PTC239811

Company & Directors' Information:- R K P STEEL LTD [Active] CIN = L27109WB1980PLC033206

Company & Directors' Information:- S N SALES PRIVATE LIMITED [Converted to LLP] CIN = U74899DL1995PTC071621

Company & Directors' Information:- C P STEEL PRIVATE LIMITED [Active] CIN = U27100WB2008PTC127447

Company & Directors' Information:- G C SALES PVT LTD [Active] CIN = U51109HR1989PTC030575

Company & Directors' Information:- R C COMMERCIAL PRIVATE LIMITED [Active] CIN = U67120UP1992PTC014057

Company & Directors' Information:- D G COMMERCIAL PRIVATE LIMITED [Converted to LLP] CIN = U52100AS2007PTC008457

Company & Directors' Information:- A. K. J. STEEL PRIVATE LIMITED [Active] CIN = U28112WB2010PTC144880

Company & Directors' Information:- G. L. SALES PRIVATE LIMITED [Active] CIN = U51909DL2010PTC205078

Company & Directors' Information:- C D STEEL PVT LTD [Under Liquidation] CIN = U27109WB1981PTC034340

Company & Directors' Information:- T M S STEEL PRIVATE LIMITED [Strike Off] CIN = U02710TZ1996PTC007498

Company & Directors' Information:- J B COMMERCIAL CO PVT LTD [Active] CIN = U51909WB1980PTC033099

Company & Directors' Information:- V & S COMMERCIAL PVT LTD [Active] CIN = U51909CT2006PTC001660

Company & Directors' Information:- P M R STEEL PRIVATE LIMITED [Active] CIN = U51102DL2003PTC122675

Company & Directors' Information:- C T STEEL PVT LTD [Active] CIN = U27109WB2005PTC106634

Company & Directors' Information:- A-Z COMMERCIAL PRIVATE LIMITED [Active] CIN = U51109DL1993PTC053697

Company & Directors' Information:- P J COMMERCIAL PRIVATE LIMITED [Strike Off] CIN = U52190WB2009PTC140508

Company & Directors' Information:- P G STEEL PVT LTD [Strike Off] CIN = U24111AS1998PTC005409

Company & Directors' Information:- A AND S STEEL PRIVATE LIMITED [Active] CIN = U63090DL1987PTC027835

Company & Directors' Information:- P M COMMERCIAL CO LTD [Active] CIN = U51909WB1982PLC035383

Company & Directors' Information:- J M COMMERCIAL & CO LTD [Converted to LLP] CIN = U67120DL1982PLC242476

Company & Directors' Information:- S P COMMERCIAL CO LTD [Strike Off] CIN = U45201WB1982PLC035237

Company & Directors' Information:- B B COMMERCIAL LTD [Active] CIN = L51909WB1980PLC033130

Company & Directors' Information:- T T COMMERCIAL CO PVT LTD [Active] CIN = U70101WB1995PTC075032

Company & Directors' Information:- C R SALES PRIVATE LIMITED [Active] CIN = U51311HR1989PTC034949

Company & Directors' Information:- W & F COMMERCIAL PRIVATE LIMITED [Active] CIN = U51909WB2004PTC098442

Company & Directors' Information:- STEEL SALES INDIA PRIVATE LIMITED [Active] CIN = U51909CH1956PTC001895

Company & Directors' Information:- T C STEEL AND SALES PVT LTD [Strike Off] CIN = U27105PB1967PTC002702

Company & Directors' Information:- S B SALES PRIVATE LIMITED [Active] CIN = U74899DL1984PTC019075

Company & Directors' Information:- N P P COMMERCIAL PRIVATE LIMITED [Active] CIN = U51909DL2004PTC127585

Company & Directors' Information:- A. T. COMMERCIAL PRIVATE LIMITED [Active] CIN = U51909WB2008PTC127621

Company & Directors' Information:- U S COMMERCIAL PVT LTD [Active] CIN = U51502WB1992PTC057239

Company & Directors' Information:- A D COMMERCIAL INDIA PRIVATE LIMITED [Active] CIN = U51109AS1999PTC005668

Company & Directors' Information:- I D COMMERCIAL PRIVATE LIMITED [Active] CIN = U51109WB1980PTC032739

Company & Directors' Information:- J S STEEL PRIVATE LIMITED [Active] CIN = U52190CT1978PTC001432

Company & Directors' Information:- U M STEEL PRIVATE LIMITED [Strike Off] CIN = U27209TN1986PTC013670

Company & Directors' Information:- S G COMMERCIAL CO PVT LTD [Strike Off] CIN = U15312WB1955PTC022120

Company & Directors' Information:- G N INDIA SALES PRIVATE LIMITED [Active] CIN = U74999WB2012PTC180525

Company & Directors' Information:- A & M COMMERCIAL PRIVATE LIMITED [Active] CIN = U72900DL2000PTC106023

Company & Directors' Information:- R. N. STEEL PRIVATE LIMITED [Active] CIN = U27100WB2007PTC116588

Company & Directors' Information:- S P N COMMERCIAL PRIVATE LIMITED [Active] CIN = U52390WB2010PTC140826

Company & Directors' Information:- J. D. COMMERCIAL PRIVATE LIMITED [Active] CIN = U72200DL2009PTC188147

Company & Directors' Information:- J. D. COMMERCIAL PRIVATE LIMITED [Active] CIN = U34100DL2009PTC188147

Company & Directors' Information:- P M STEEL PRIVATE LIMITED [Active] CIN = U27105MP1982PTC001915

Company & Directors' Information:- M R STEEL (INDIA) PRIVATE LIMITED [Active] CIN = U27100TG2013PTC088808

Company & Directors' Information:- V. R. A. SALES PRIVATE LIMITED [Active] CIN = U74900UP2010PTC039548

Company & Directors' Information:- B COMMERCIAL PRIVATE LIMITED [Strike Off] CIN = U60230OR2011PTC014188

Company & Directors' Information:- K K SALES PRIVATE LIMITED [Active] CIN = U20299UP1987PTC009147

Company & Directors' Information:- M G COMMERCIAL PVT LTD [Active] CIN = U51109WB1960PTC024564

Company & Directors' Information:- K P COMMERCIAL PRIVATE LIMITED [Active] CIN = U72200GJ1999PTC036317

Company & Directors' Information:- C K STEEL PVT LTD [Active] CIN = U29150WB1975PTC030259

Company & Directors' Information:- P S I SALES PRIVATE LTD. [Active] CIN = U74899DL1986PTC022999

Company & Directors' Information:- N D K SALES PRIVATE LIMITED [Active] CIN = U51101UP2009PTC037413

Company & Directors' Information:- B S COMMERCIAL COMPANY PVT LTD [Strike Off] CIN = U70101WB1985PTC038889

Company & Directors' Information:- A S COMMERCIAL PVT LTD [Active] CIN = U51909WB1989PTC047016

Company & Directors' Information:- H P SALES COMPANY PRIVATE LIMITED [Active] CIN = U51495DL2004PTC128566

Company & Directors' Information:- S N H P COMMERCIAL PRIVATE LIMITED [Active] CIN = U51109WB2005PTC101704

Company & Directors' Information:- H M COMMERCIAL PRIVATE LIMITED [Strike Off] CIN = U52599WB2007PTC112975

Company & Directors' Information:- S. V. COMMERCIAL PRIVATE LIMITED [Active] CIN = U51909WB2010PTC145115

Company & Directors' Information:- U C SALES PRIVATE LIMITED [Active] CIN = U30007DL2004PTC127320

Company & Directors' Information:- K STEEL & COMPANY PVT LTD [Strike Off] CIN = U51909WB1991PTC053960

Company & Directors' Information:- N S STEEL PVT LTD [Strike Off] CIN = U27106PB1980PTC004266

Company & Directors' Information:- M A K SALES PRIVATE LIMITED [Amalgamated] CIN = U26106UP2003PTC027989

Company & Directors' Information:- S R COMMERCIAL PVT LTD [Active] CIN = U27209WB1987PTC041901

Company & Directors' Information:- G R COMMERCIAL PRIVATE LIMITED [Active] CIN = U74899DL2000PTC108839

Company & Directors' Information:- D S SALES PVT LTD [Active] CIN = U74899DL1981PTC011644

Company & Directors' Information:- K S S SALES PRIVATE LIMITED [Active] CIN = U70200UP1999PTC024587

Company & Directors' Information:- T I & M SALES LTD [Not available for efiling] CIN = U51900WB1967PLC015415

Company & Directors' Information:- G S SALES PRIVATE LIMITED [Active] CIN = U74899DL1983PTC015481

Company & Directors' Information:- M B SALES INDIA PRIVATE LIMITED [Active] CIN = U74899DL1994PTC057259

Company & Directors' Information:- G B SALES PRIVATE LIMITED [Strike Off] CIN = U74900PN2013PTC149637

Company & Directors' Information:- T J COMMERCIAL PRIVATE LIMITED [Strike Off] CIN = U51434WB2001PTC093979

Company & Directors' Information:- M L G SALES PRIVATE LIMITED [Strike Off] CIN = U51909DL1996PTC075048

Company & Directors' Information:- K I A SALES PRIVATE LIMITED [Strike Off] CIN = U51909DL2003PTC122783

Company & Directors' Information:- M V SALES (INDIA) PRIVATE LIMITED [Active] CIN = U51909DL2008PTC184122

Company & Directors' Information:- A S J COMMERCIAL PRIVATE LIMITED [Active] CIN = U15497DL2012PTC230407

Company & Directors' Information:- A S M SALES PRIVATE LIMITED [Strike Off] CIN = U45301UR2000PTC025735

Company & Directors' Information:- M J SALES PRIVATE LIMITED [Strike Off] CIN = U18101MH1988PTC049326

Company & Directors' Information:- R C STEEL PVT LTD [Strike Off] CIN = U28112AS1980PTC001811

Company & Directors' Information:- S B COMMERCIAL PVT LTD [Strike Off] CIN = U99999MH1982PTC028334

Company & Directors' Information:- G M SALES PRIVATE LIMITED [Strike Off] CIN = U99999MH1994PTC076494

Company & Directors' Information:- S G SALES PVT LTD [Active] CIN = U51909TG1989PTC010567

Company & Directors' Information:- P P COMMERCIAL PVT LTD [Strike Off] CIN = U51909WB1986PTC041237

Company & Directors' Information:- P D STEEL PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC038426

Company & Directors' Information:- R. P. SALES PRIVATE LIMITED [Active] CIN = U16004UP1995PTC017800

Company & Directors' Information:- P M C SALES PRIVATE LIMITED [Strike Off] CIN = U74899DL1986PTC024459

Company & Directors' Information:- M M SALES PRIVATE LIMITED [Strike Off] CIN = U52602OR1993PTC003255

Company & Directors' Information:- S S G M SALES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U74900PN2014PTC151358

Company & Directors' Information:- B V COMMERCIAL PVT LTD [Active] CIN = U51109WB2006PTC108218

Company & Directors' Information:- D S COMMERCIAL PVT LTD [Strike Off] CIN = U26101WB1958PTC023936

Company & Directors' Information:- S R M COMMERCIAL PRIVATE LIMITED [Active] CIN = U51909WB2009PTC137093

Company & Directors' Information:- A K STEEL PVT LTD [Strike Off] CIN = U99999DL1961PTC003566

Company & Directors' Information:- A P SALES PRIVATE LIMITED [Strike Off] CIN = U74899DL1977PTC008819

Company & Directors' Information:- A R SALES PRIVATE LIMITED [Active] CIN = U51909DL2003PTC123142

Company & Directors' Information:- B M SALES PRIVATE LIMITED [Strike Off] CIN = U51909DL2004PTC127901

Company & Directors' Information:- H S P STEEL PRIVATE LIMITED [Strike Off] CIN = U27100MH2013PTC242983

Company & Directors' Information:- U R SALES PRIVATE LIMITED [Active] CIN = U51909PB2010PTC034419

Company & Directors' Information:- S W C SALES PRIVATE LIMITED [Strike Off] CIN = U52599PB2005PTC028340

Company & Directors' Information:- D H STEEL PRIVATE LIMITED [Strike Off] CIN = U27109RJ2012PTC039742

Company & Directors' Information:- U. G. SALES PRIVATE LIMITED [Strike Off] CIN = U51101MH2012PTC233364

Company & Directors' Information:- M I P SALES PRIVATE LIMITED [Strike Off] CIN = U51900MH1973PTC016482

Company & Directors' Information:- G V S SALES PRIVATE LIMITED [Active] CIN = U51900MH2004PTC149593

Company & Directors' Information:- H T COMMERCIAL PRIVATE LIMITED [Active] CIN = U51109MH2010PTC209413

Company & Directors' Information:- R A STEEL PRIVATE LIMITED [Active] CIN = U51909MH2014PTC253625

Company & Directors' Information:- K J SALES PRIVATE LIMITED [Strike Off] CIN = U74120MH2012PTC228743

Company & Directors' Information:- M G SALES PRIVATE LIMITED [Active] CIN = U74120UP2011PTC047801

Company & Directors' Information:- S F SALES PRIVATE LIMITED [Strike Off] CIN = U51101UP2011PTC044031

Company & Directors' Information:- S D T SALES PRIVATE LIMITED [Strike Off] CIN = U52390TG2012PTC080405

Company & Directors' Information:- B C COMMERCIAL CO PVT LTD [Active] CIN = U51109WB1987PTC043138

Company & Directors' Information:- M V COMMERCIAL PRIVATE LIMITED [Active] CIN = U18101WB2010PTC150651

Company & Directors' Information:- N. V. STEEL PRIVATE LIMITED [Strike Off] CIN = U27310DL2009PTC186541

Company & Directors' Information:- K. D. STEEL PRIVATE LIMITED [Strike Off] CIN = U28939DL2012PTC244467

Company & Directors' Information:- S M SALES PRIVATE LIMITED [Active] CIN = U51900DL1993PTC053285

Company & Directors' Information:- A N SALES PRIVATE LIMITED [Strike Off] CIN = U51909DL1997PTC091432

Company & Directors' Information:- A R V SALES PRIVATE LIMITED [Strike Off] CIN = U51909DL2005PTC138896

Company & Directors' Information:- A. C. T. SALES PRIVATE LIMITED [Strike Off] CIN = U52100DL2008PTC172729

Company & Directors' Information:- STEEL INDIA PRIVATE LIMITED [Strike Off] CIN = U00349KA1958PTC001309

Company & Directors' Information:- V R SALES PRIVATE LIMITED [Strike Off] CIN = U51109KA1990PTC011491

Company & Directors' Information:- A J SALES PVT LTD [Strike Off] CIN = U51909CH1989PTC009863

Company & Directors' Information:- G M SALES PVT LTD [Strike Off] CIN = U51909CH1992PTC012260

Company & Directors' Information:- U B COMMERCIAL PVT LTD [Strike Off] CIN = U51229WB1996PTC077559

Company & Directors' Information:- J C SALES PRIVATE LIMITED [Strike Off] CIN = U51109DL1982PTC014805

Company & Directors' Information:- M S SALES PRIVATE LIMITED [Strike Off] CIN = U74300UP1967PTC003153

Company & Directors' Information:- D V SALES PVT LTD [Strike Off] CIN = U51900MH1982PTC026068

    Writ Petition No. 2161 of 2020

    Decided On, 04 March 2020

    At, High Court of for the State of Telangana

    By, THE HONOURABLE MR. JUSTICE M.S. RAMACHANDRA RAO & THE HONOURABLE MR. JUSTICE T. AMARNATH GOUD

    For the Petitioner: -------- For the Respondent: --------



Judgment Text


M.S. Ramachandra Rao, J.

1. The petitioner herein is a proprietary concern engaged in the business of Iron and Steel and is a registered dealer on the rolls of the Hyderabad Rural STU-I, Centre Jurisdiction, Gajularamaram, Hyderabad (2nd respondent).

2. The petitioner was allotted GST No.36AAMPA4421B2ZC.

3. The petitioner purchased goods from a dealer M/s. JSW Steel Limited, Vidyanagar, Karnataka vide Tax Invoice No.19UJ2900401551 dt.11.12.2019 valued at Rs.3,52,920.74.

4. Against the said tax invoice under the Integrated Goods and Service Tax Act (I.G.S.T.), tax at Rs.18% was levied coming to Rs.63,526/-. The plea of the petitioner

5. According to petitioner, when the consignment was coming from Vidyanagar, Karnataka with all requisite documents through a vehicle bearing No.KA 35 C 0141, it was detained at Jeedimetla at 05:30 p.m. on 12.12.2019, and a notice under Section 129 (3) of the C.G.S.T. Act, 2017 (for short, ‘the Act’) was issued alleging ‘wrong destination’ and directing payment of 9% of the Central Tax and 9% of State Tax and penalty equal to tax estimating the purchase value of Rs.11,14,579/- as against the actual tax invoice value of Rs.4,16,447/-.

6. It is contended by the petitioner that since at that time the proprietor of the petitioner could not contest it on account of there being a marriage in his house on 12.12.2019 at Hyderabad, and since the driver of the vehicle was pressurizing for release of the vehicle, he was forced to pay the amount mentioned in the notice dt.12.12.2019 issued by the 1st respondent.

7. The petitioner further contended that the said collection of tax and penalty by the respondents is through coercion and threat in spite of the fact that the consignment was covered by all the requisite documents. It is alleged that when the goods were in transit in an inter-State sale, the respondents cannot detain the same and demand and collect the tax in the manner they have done which is arbitrary and without jurisdiction.

8. It is also contended that the 1st respondent had no authorization as contemplated under Section 67 of the Act read with Section 68 thereof and the collection of taxes under both the Central and State Acts towards G.S.T. is arbitrary and highhanded; that at best the 1st respondent can collect from the dealer a security equivalent to the amount payable under Clauses (a) or (b) in the manner prescribed in Section 129(1) of the Act; and that the reason ‘wrong destination’ given by the respondents is not a good and sufficient reason for levying and collecting tax and penalty from the petitioner and the detention of the goods and the vehicle as well as collection of tax and penalty, is contrary to the provisions of G.S.T. Act, 2017.

9. It is also contended that penalty cannot be levied unless there is willfulness and contumacious conduct of the dealer, and therefore, the petitioner should be granted a refund of the amount of Rs.4,16,447/- levied and collected under both the Central Tax Act and the State Tax Act, 2017.

The stand of the 1st respondent

10. Counter-affidavit was filed by 1st respondent contending that there was no pressure on the dealer to pay the tax and penalty; moreover a show-cause notice in Form MOV-07 was given and opportunity to file objections was also given; and there was, therefore, compliance with principles of natural justice.

11. Quoting the terms of the invoice, it was contended how the total value of the goods in the vehicle transporting them from Karnataka to Hyderabad was arrived at; that even if the goods are coming from Karnataka there is a possibility that the goods were to be sold to third-party as a local sale or not intended to be delivered at the correct place indicated in the documents being carried in the conveyance / vehicle.

12. It is further contended that if the goods were to be delivered at Balanagar according to the invoice, the vehicle cannot be at Jeedimetla since Balanagar comes first and Jeedimetla later, and no reasonable person would cross over Balanagar and then turn over to go back to the place of destination. It is also stated that there is a road from Jeedimetla to Balanagar which can be used to turn back to Balanagar. But, if the said road is blocked due to strikes or repairs or if there are rallies only that can be done, and there is no reason assigned to take the longer route avoiding the normal route.

13. It was further contended that no objection was raised regarding the notice to pay tax and penalty, and the amount was also paid without any protest.

14. It is alleged that under the guise of inter-State sale or supply, the petitioner tried to sell the goods in the local market evading levies both under the CGST and SGST. It is stated that the 1st respondent had authorisedly issued the impugned notice on 11.12.2019 to detain the goods.

15. It was also stated that the 1st respondent had valid authorization to detain the vehicle with the goods.

The Consideration by the Court

16. We have noted the contentions of both sides.

17. Admittedly, it was mentioned in the order of detention of the vehicle and the consignment carried thereon from Karnataka to Hyderabad issued under Section 129(1) of the CGST Act, 2017 that the reason for such detention is ‘wrong destination’. Under the Act, this is not a ground to detain the vehicle carrying the goods or levy tax or penalty.

18. Though it is stated that tax and penalty were levied and collected because it was presumed that at Jeedimetla, there was possibility of a local sale, a mere possibility cannot clothe the 1st respondent to take the impugned action. There is no material placed on record by the 1st respondent to show that any attempt was made by the petitioner to deliver the goods at a different place and sell in the local market evading CGST and SGST, because it was found at Jeedimetla. It is not as if the detention was affected by the 1st respondent after noticing any such attempt to sell the goods in the local market by the petitioner.

19. When the vehicle is being driven from Karnataka by a local driver of Karnataka it is perfectly possible for the driver to lose his way on account of being unfamiliar with the roads in the city of Hyderabad and bypassing Balanagar and going to Jeedimetla. Or else he may have entered the City by a Ring Road from the direction of Jeedimetla to go towards Balangar, his destination.

20. So the fact that the vehicle was found at Jeedimetla does not automatically lead to any presumption that there was an intention on the part of the petitioner to sell the goods at the local market evading the CGST and SGST.

21. The invoice in the custody of the driver of the vehicle indicated that IGST @ 18% was already collected and the goods were coming from Karnataka to Balanagar in Hyderabad. When the IGST was already paid, the goods cannot be treated as having escaped tax and fresh tax and penalty cannot be imposed on petitioner.

22. We therefore hold that there was no warrant to detain the vehicle along with goods, demand payment of Rs.4,16,447/- as tax and penalty under the CGST and SGST Act, 2017.

23. Since petitioner could not contest it owing to the wedding ceremony in his family at that point of time in order to be able to secure the release of the vehicle carrying the goods at the instance of the driver of the vehicle, such payment has to be presumed as one made due to economic duress and the petitioner cannot be blamed for paying the same without protest, when he had no choice but to pay it.

24. In our considered opinion, there were no good and sufficient reasons for detention by the 1st respondent of the vehicle and the goods which it was carrying when the transaction causing movement of the goods was inter-State in nature and the provisions of the SGST were not shown to have been violated. Also, there is no warrant to levy any penalty since it cannot be said that there is any willfulness in the conduct of the dealer.

25. It is settled law that no tax shall be levied or collected except by authority of Law as per Article 226 of the Constitution of India.

26. In Dabur India Ltd. vs. State of Uttar Pradesh (1990) 4 S.C.C. Pg.113), the Supreme Court observed that a litigant cannot be coerced by the Government to make payment of duties which the litigant is contending not to be leviable. The Supreme Court held that though the State is entitled to enforce payment and to take all legal steps, it cannot be permitted to play dirty games with the citizens to coerce them in making payments when the citizens were not obliged to make them. It also observed that if any money is due to the Government it should not take extralegal steps to recover it.

27. Therefore, in our considered opinion, the impugned action of the respondents in collecting the amount of Rs.4,16,447/

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- from the petitioner towards tax and penalty under the CGST and SGST Act, 2017 under threat of detention of the vehicle carrying the said goods for an absurd reason (‘wrong destination’) when the vehicle in question carried all the proper documents evidencing that it was an inter-State sale transaction is clearly arbitrary, violative of Articles 14, 265 and 300-A of the Constitution of India. 28. The 1st respondent is directed to refund the same with interest at the rate of 6% per annum from 13.12.2019 till the date of payment within a period of three (03) weeks from the date of receipt of copy of the order. 29. The 3rd respondent shall also consider initiating disciplinary action against 1st respondent for the above conduct of 1st respondent. 30. Accordingly, the Writ Petition is allowed as above with costs of Rs.25,000/- to be paid by 1st respondent. 31. As a sequel, miscellaneous applications pending if any in this Writ Petition, shall stand closed.
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14-07-2020 M/s. Sanwaliya Tractor Sales & Service, Rajasthan & Others Versus Bhagwati Devi Bhatt & Others National Consumer Disputes Redressal Commission NCDRC
13-07-2020 M/s. Vismaya Advertising, Ernakulam, Represented by Its Manager Sunil S. Menon & Another Versus The Intelligence Officer (IB), Department of Commercial Taxes, Mattancherry at Aluva & Others High Court of Kerala
24-06-2020 The Renaissance, Palarivattom, Represented by P.N. Krishnadas, Managing Partner, Residing at Palarivattom, Kochi Versus Commercial Tax Officer (Luxury Tax) Class Towers, Ernakulam & Others High Court of Kerala
18-06-2020 M/s Saroj Sales Organization & Another Versus Dolly Bharucha & Another National Consumer Disputes Redressal Commission NCDRC
17-06-2020 Ministry of Railways Through Divisional Commercial Manager Versus V. Vijay Kumar National Consumer Disputes Redressal Commission NCDRC
12-06-2020 Monika Sales Agencies & Another Versus Mahesh Nagari Sah. Patsanstha Ltd. In the High Court of Bombay at Aurangabad
11-06-2020 M/s. E.V. Mathai & Sons, Represented by Its Managing Partner, Rubber Dealer, Kothamangalam Versus State of Kerala, Represented by The Secretary, Commercial Taxes Department, Thiruvananthapuram High Court of Kerala
09-06-2020 Indian Oil Corporation Ltd., Versus Steel Authority of India, Chhattisgarh & Another High Court of Chhattisgarh
05-06-2020 A.G. Chandrasekar Versus The State Represented by Deputy Superintendent of Police, Commercial Crime Investigation Wing CID, Chennai High Court of Judicature at Madras
05-06-2020 The Assistant Commissioner (Kvat), Commercial Taxes, Special Circle, Kottayam & Others Versus M/s. Kunnathukalathil Jewellers, Changanassery, Represented by Its Managing Partner K.V. Viswanathan High Court of Kerala
04-06-2020 Jindal Steel & Power Ltd. Versus State Trading Corporation of India Ltd. & Others High Court of Delhi
02-06-2020 The Board of Trustees for the Port of Kolkata & Another Versus Hindustan Steel Works Construction Ltd. & Others High Court of Judicature at Calcutta
01-06-2020 Birin Spinning Mills Limited, Rep its Director D. Rangaswamy & Others Versus The State of Tamil Nadu, Rep by the Secretary to Government Commercial Taxes Department, Chennai & Others High Court of Judicature at Madras
26-05-2020 R. Kannan Versus State of Tamil Nadu, Rep.by the Secretary to Government, Commercial Taxes and Religious Endowment Department, Chennai & Others High Court of Judicature at Madras
20-05-2020 M/s. Sun Pharmaceutical Industries Limited, Represented by its Authorised Signatory, Nilesh Mahendra Kumar Gandhi & Another Versus The Assistant Commercial Tax Officer (Check of Accounts) & Others High Court of Andhra Pradesh
19-05-2020 M/s. Krishna Timber & Plywood Versus State of Tamilnadu, rep. By its Principal Secretary to Government, Commissioner of Commercial Taxes, CT & Re Department & Others High Court of Judicature at Madras
19-05-2020 M/s. Dekshinamoorthi & Co., rep. by its Partner, D. Govindarajan Versus The Commercial Tax Officer & Another High Court of Judicature at Madras
19-05-2020 M/s. Bharat Steels represented by its Proprietor Gulraj M. Jain Versus The Commercial Tax Officer, Broadway Assessment Circle High Court of Judicature at Madras
19-05-2020 Vega Cotton represented by its proprietor V. Vivekanandan Versus The Check Post Officer, Deputy Commercial Tax Officer, Check Point-II, Hosur & Another High Court of Judicature at Madras
19-05-2020 Sri Venkateshwara Agencies, represented by its proprietor K. Somasundar Versus The Commercial Tax Officer, Check Post Officer, Thoppur Inward, Kurinji Nagar & Another High Court of Judicature at Madras
19-05-2020 Tvl. Aravind Thiru Ceramics represented by its Proprietor N.K. Thirugnana Sambantham Versus The Commercial Tax Officer, Roving Squad, (Enforcement) & Another High Court of Judicature at Madras
19-05-2020 Vestas Wind Technology India Private Limited Versus The Commercial Tax Officer, Enforcement, Roving Squad, Chengalpet & Others High Court of Judicature at Madras
29-04-2020 Jindal Steel & Power Limited Versus State Tradings Corporation Of India Limited & Others High Court of Delhi
27-04-2020 Commercial Taxes Officer Versus M/s. Bombay Machinery Store Supreme Court of India
23-03-2020 J. Anbutamilarasi Versus The State of Tamil Nadu, Rep. by the Secretary, Commercial Taxes & Registration Department, Secretariat, Chennai & Others High Court of Judicature at Madras
18-03-2020 Amar Kumar Saraswat Versus M/s. Volkswagen Group Sales India Pvt. Ltd. & Another National Consumer Disputes Redressal Commission NCDRC
16-03-2020 M/s. Paul Sales Pvt. Ltd. Versus M/s. Hari Darshan Sevashram Pvt. Ltd. High Court of Delhi
13-03-2020 M/s. Inno-Tech Electronics Systems, Rep. by it's Proprietor – M. Ravichandran Versus The Commercial Tax Officer, Mylapore Assessment Circle, Chennai & Another High Court of Judicature at Madras
13-03-2020 M/s. Fossil India Private Limited, Represented by Sunil Prabhakaran Authorised Signatory Versus The Deputy Commissioner of Commercial Tax (Audit-5.4), Bengaluru & Others High Court of Karnataka
13-03-2020 M/s. R. Prakashchand Jewellery, Chennai Versus The Secretary, Tamilnadu Sales Tax Appellate Tribunal (AB), Chennai & Others High Court of Judicature at Madras
11-03-2020 J. Nagarajan Versus Chief Commercial Manager, Southern Railway, Park Town, Chennai & Others High Court of Judicature at Madras
09-03-2020 The Commissioner of Commercial Taxes, Chennai & Another Versus Ramco Cements Ltd. rep. by its General Manager-Legal Thiru. T. Mathivanan, Chennai High Court of Judicature at Madras
09-03-2020 M/s. Shyam Textiles Limited, Hosur Versus The Commissioner of Commercial Taxes, Chepauk, Chennai & Another High Court of Judicature at Madras
09-03-2020 M/s.The Coimbatore Cosmopolitan Club, Coimbatore Versus The Tamil Nadu Sales Tax Appellate Tribunal (Addl. Bench), Coimbatore & Others High Court of Judicature at Madras
06-03-2020 Senior Divisional Commercial Manager, Divisional Office, Commercial Branch, Southern Railway, Chennai Versus G. Bharathi High Court of Judicature at Madras
04-03-2020 Active Media Versus Divisional Commercial Manager, Northern Railway High Court of Delhi
03-03-2020 Hotel Surya, Iritty, Represented by Its Managing Partner, K.T. Mathew Versus The State of Kerala, Represented by Secretary To Government, Department of Commercial Taxes, Thiruvananthapuram High Court of Kerala
28-02-2020 M/s. Kge Yes Residency Private Limited, Chennai Versus The Tamil Nadu Sales Tax Appellate Tribunal (Main Bench), Chennai & Another High Court of Judicature at Madras
28-02-2020 SPI Cinemas Private Limited, Represented by its Director, K. Niranjan Reddy Versus Commercial Tax Officer, Royapettah Assessment Circle, Chennai High Court of Judicature at Madras
27-02-2020 M/s. Hansa Enterprises, Rep by its Proprietrix Pinky Jain Versus The Principal Commissioner & Commissioner of Commercial Taxes & Others High Court of Judicature at Madras
27-02-2020 Padmesh Cashew Company, Represented by its Proprietor Rajan Kalladan Versus The Commercial Tax Officer, Mahe High Court of Judicature at Madras
27-02-2020 D. Soundararajapandian, Joint Commissioner (ST), Chennai(south), Commercial Taxes Department, Chennai & Others V/S The State of Tamil Nadu, Rep.by its Secretary, Commercial Taxes & Registration Department, Chennai & Others High Court of Judicature at Madras
26-02-2020 The Chennai Metropolitan Co-operative Housing Society Ltd., Chennai Versus The State of Tamil Nadu Rep.by its principal Secretary, Commercial Taxes and Registration Department, Chennai & Others High Court of Judicature at Madras
24-02-2020 Panch Tatva Promoters Pvt. Ltd. Versus GPT Steel Industries Ltd. (Through Resolution Professional) & Others National Company Law Appellate Tribunal
21-02-2020 P. Ponnum Perumal Versus The Additional Chief Secretary to Government (FAC) Commercial Taxes & Registration (H) Department, Chennai & Others High Court of Judicature at Madras
20-02-2020 M/s Century Rayon (A division of Century Textile & Industries Ltd.), Maharashtra V/S Maharashtra State Electricity Distribution Company Ltd., Through its, Chief Engineer (Commercial), Maharashtra And Others Appellate Tribunal for Electricity Appellate Jurisdiction
19-02-2020 M/s. GAIL (India) Limited, R.K. Puram, New Delhi Versus M/s. Arkay Energy(Rameswaram)Limited, Rep. by its President (Commercial and Legal) R. Jarard Kishore & Others High Court of Judicature at Madras
18-02-2020 M/s. Shiv Mahadev Logistics Pvt. Ltd., Represented by its Director H. Sahadevram Choudhary, Chennai Versus The Senior Divisional Commercial Manager, Chennai High Court of Judicature at Madras
14-02-2020 Dharmapuri Handloom weaver's Cooperative Production Sales Society Limited., Represented by its Administration Dharmapuri Liquidator of the Society Babu Versus P. Sambantham High Court of Judicature at Madras
13-02-2020 The Commissioner of Central Excise, O/o. The Commissioner of Customs & Central Excise, Salem Versus M/s. JSW Steel Ltd., M/s. JSW Power Ltd., Pottaneri, Mecheri High Court of Judicature at Madras
13-02-2020 Commissioner, Commercial Taxes U.P. Lucknow Versus M/s. Narain Vegetable Products Sitapur High Court Of Judicature At Allahabad Lucknow Bench
12-02-2020 M/s. Steel Authority of India Ltd., Salem Steel Plant, Represented by its Deputy General Manager, Finance & Accounts, K. Sivaguru, Versus The Union of India, Represented by its Secretary, Ministry of Finance, Department of Revenue, New Delhi & Others High Court of Judicature at Madras
12-02-2020 M/s. Sharadha Terry Products Ltd., Coimbatore Versus Tamil Nadu Sales Tax Appellate Tribunal (Additional Bench), Commercial Taxes Buildings, Coimbatore & Another High Court of Judicature at Madras
10-02-2020 Executive Director, Sales And Marketing Renault India Pvt. Ltd. Versus Paramjeet Singh Brar National Consumer Disputes Redressal Commission NCDRC
07-02-2020 M/s. Vinayaga Blue Metals, Represented by its Partner, P. Selvaraj Versus The State of Tamil Nadu, Represented by the Secretary to Government, Commercial Taxes Department, Chennai & Others High Court of Judicature at Madras
07-02-2020 Sri Kumaran Super Market, Dharmapuri District Versus The Commercial Tax Officer, Harur Assessment Circle, Dharmapuri District High Court of Judicature at Madras
06-02-2020 K. Arumugham, Prop. Seetha Industries, Arakandanalu, Villupuram V/S The Secretary to Government, Department of Commercial Taxes & Religious Endowments, Chennai And Others High Court of Judicature at Madras
05-02-2020 In Re, Plasser India Pvt. Ltd. V/S Harbour Sales Pvt. Ltd. & Others Competition Commission of India
05-02-2020 S. Prasanna Raj V/S The Senior Divisional Retail Sales Manager, Indian Oil Corporation Limited, (Marketing Division) Salem & Another High Court of Judicature at Madras
05-02-2020 Pr. Commissioner of Income Tax, Central-2 Versus M/s. JSW Steel Ltd. (Successor on amalgamation of JSW Ispat Steel Ltd.) High Court of Judicature at Bombay
05-02-2020 M/s. Texcel International Pvt. Ltd., Sengundram Industrial Area (Near Ford India Ltd.,), Chengalpattu Versus M/s. Chennai Steel Tubes, Rep.by one of its Partner, G. Bhavanishankar High Court of Judicature at Madras
04-02-2020 M/s. Siddhi Vinayak Enterprises represented by its Proprietor R. Devika Versus The Senior Divisional Commercial Manager Southern Railway Divisional Railway Manager's Office Commercial Branch, Park Town Chennai High Court of Judicature at Madras
04-02-2020 Society of Welfare Handicapped Person Versus The Regional Sales Manager, RFCL Ltd. & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
03-02-2020 M/s. Phoenix Rubbers, Palakkad, Represented By Sakkeer Hussain, Managing Partner Versus The Commercial Tax Officer, State GST Department, Palakkad & Others High Court of Kerala
31-01-2020 M/s. Indian Commercial Syndicate, Rep. by its Partner R. Natarajan, Coimbatore Versus The Special Committee, Secretariat, Chennai & Another High Court of Judicature at Madras
31-01-2020 Reckitt Benckiser (india) Ltd V/S Commissioner Commercial Taxes and Others Supreme Court of India
30-01-2020 State of Odisha & Others Versus M/s. Jindal Steel & Power Ltd. & Others Supreme Court of India
24-01-2020 Tata Sky Limited, Represented by its Chief Financial Controller, Sambasivan Ganesan, Chennai Versus The State of Tamil Nadu, Represented by the Secretary, Commercial Taxes & Registration Department, Chennai & Another High Court of Judicature at Madras
23-01-2020 M/s. P.I. Polymers, Rep. by Proprietrix, Chennai Versus The Commercial Tax Officer, Pattarawalkam Assessment Circle, Villivakkam High Court of Judicature at Madras
21-01-2020 Nirmal Kumar Parsan & Others Versus Commissioner of Commercial Taxes & Others Supreme Court of India
21-01-2020 Jindal Steel & Power Limited, Raigarh & Another Versus State of Chhattisgarh & Others High Court of Chhattisgarh
17-01-2020 Sangrur Sales Corporation Versus United India Insurance Company Limited & Another Supreme Court of India
13-01-2020 M/s. Steel Authority Of India Ltd. Versus Kamladityya Construction Pvt Ltd. High Court of Jharkhand
10-01-2020 M/s. Vira Properties (Madras) Pvt. Ltd, Chennai, Rep. by its Manager, T.M. Damodaran Versus Commercial Tax Officer, Chennai & Another High Court of Judicature at Madras
08-01-2020 Tvl. Brahma Sakthi Tin Factory, Rep. By its Partner SVS Velkumar, Villupuram Versus The Sales Tax Appellate Tribunal, rep. By its Secretary, City Civil Court Building, Chennai & Others High Court of Judicature at Madras
08-01-2020 A. Ponnusamy Pillay & Sons Versus The Commercial Tax Officer Karaikkal & Another High Court of Judicature at Madras
06-01-2020 Asutosh & Another Versus Commercial Taxes Department (GST) & Others High Court of Madhya Pradesh Bench at Indore
06-01-2020 TVL TCS Textiles Private Limited, Represented by its Authorised Signatry, R. Mahesh, Tirupur Versus The Prinicipal Secretary & Commissioner of Commercial Taxes, Ezhilagam, Chepauk & Another High Court of Judicature at Madras
06-01-2020 M/s. Rukminirama Steel Rollings Pvt. Ltd. & Others Versus The State of Goa Through the Chief Secretary, Secretariat & Another In the High Court of Bombay at Goa
03-01-2020 M/s. Confluence Petroleum India Ltd., Represented by its Sales Manager N. Murugan Versus The Secretary to Government of Tamilnadu, Housing & Urban Development Department, Chennai & Others High Court of Judicature at Madras
03-01-2020 Balakrishna Sales Corporation V/S Commissioner of Central Tax & Central Excise, Cochin Customs Excise Service Tax Appellate Tribunal Regional Bench, Bangalore
24-12-2019 Shyam Steel Industries Limited Versus Shyam Sel & Power Limited & Another High Court of Judicature at Calcutta
19-12-2019 T.K. Jagadeesan Versus The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Department of Commercial Taxes and Registration (K), Chennai & Another High Court of Judicature at Madras
16-12-2019 Selva's Steel Private Limited Versus The Assistant Commissioner (ST), Chennai High Court of Judicature at Madras
16-12-2019 Kuber (India) Sales Pvt. Ltd, Represented by Sri Debraj Choudhury Versus Secretary, Finance Department, Government of Tripura, Agartala & Others High Court of Tripura
10-12-2019 Shalimar Iron and Steel Private Limited, Ramgarh Cantt. through its Director Rafat Praveen Versus The State of Jharkhand & Others High Court of Jharkhand
06-12-2019 In Re: M/s. MFAR Constructions Pvt. Ltd., Rep by its Chief Executive Officer Fayaz Kamaluddin Versus Additional Commissioner of Commercial Taxes Zone-II, Bengaluru & Others High Court of Karnataka
05-12-2019 M/s. Bhuwalka Steel Industries Ltd & Another Versus Union of India & Others Supreme Court of India
04-12-2019 M/s. Hindustan Steel Works Construction Limited, Rep. by its General Manager, V.S. Prasad Versus Government of Tamil Nadu, Rep. by its Project Director, Tamil Nadu Road Sector Project, Chennai & Others High Court of Judicature at Madras
03-12-2019 M. Lakshmi Versus The Secretary D.D.9 Uthangarai Agriculture Producers Co-operative Sales Societies Ltd., Krishnagiri District & Another High Court of Judicature at Madras
02-12-2019 Electrosteel Steel Ltd. & Others Versus M/s. STP Ltd. High Court of Judicature at Calcutta
28-11-2019 S. Arivu Versus The Secretary to Government, Commercial Taxes & Registration Department, Secretariat, Chennai & Others High Court of Judicature at Madras
27-11-2019 K. Madheswari Versus The Commercial Tax Officer, Musiri & Others High Court of Judicature at Madras
26-11-2019 M/s. A.R.S. Metals (P) Limited, Chennai Versus Additional Commissioner (Revision Petition), Office of the Principal Secretary/Commissioner of Commercial Taxes, Chennai & Others High Court of Judicature at Madras
21-11-2019 Punjab & Sind Bank Versus M/s. Indo Foreign Commercial Agency Products Private Limited & Others High Court of Delhi
19-11-2019 The Manager, Machino Techno Sales Ltd. Versus Prithwis Chanda Deb & Others West Bengal State Consumer Disputes Redressal Commission Kolkata