Goods can not be released under GST by simple bond : HC

By | February 12, 2019
(Last Updated On: February 12, 2019)

HIGH COURT OF KERALA

State Tax Officer

v.

Kerala Gujarat Cargo Express

A. MUHAMED MUSTAQUE AND ASHOK MENON, JJ.

W.A. NO. 969 OF 2018 
WPC NO. 15489 OF 2018

MAY  15, 2018

P.R. Ajithkumar for the Respondent.

JUDGMENT

A. Muhamed Mustaque, J. – The State has come up on appeal challenging the interim order passed by the Single Bench ordering release of a vehicle along with goods, which were detained allegedly for evasion of SGST and CGST. The learned Single Judge ordered release of the vehicle and goods by executing a simple bond. The State challenges the order, since it is passed overlooking Rule 140 of the SGST Rules. On a reading of Rule 140, we are of the view that the impugned order has to be modified. In the absence of any challenge against the rules, the goods and vehicle can be released only in accordance with Rule 140. Therefore, we modify the interim order directing to release the goods and vehicle either on furnishing the bank guarantee or depositing the amount demanded. The Writ Appeal is disposed of as above.

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