2018 Taxo.online 471

WRIT TAX No. – 1461 of 2018 dated 15.11.2018

SAKSHI ENTERPRISES

STATE OF U.P. AND 2 OTHERS

2018

GST

Central Goods & Services Tax Act, 2017

Section 129

Pankaj Mithal, Justice & Ashok Kumar, Justice

Interim

High Court

Allahabad

Represented by: –

Petitioner: – Shubham Agrawal

Respondent: – C.S.C.

Order: –

Heard Ms. Sanyukta Singh and Sri Subham Agrawal, learned counsel for the petitioner and Sri C.B. Tripathi, learned counsel appeared for the respondents.

The goods of the petitioner in transit have been intercepted and detained. The respondents by the impugned order dated 6.11.2018 has directed for the release of the goods on furnishing security and indemnity bond under Section 129(1)(a) and (b) of U.P. GST.

The submission is that there was no violation of any provision of the Act to justify the seizure of the goods.

Sri Tripathi may seek instructions and file counter affidavit within three weeks. One week thereafter for filing rejoinder affidavit.

List for admission/final disposal on the expiry of the aforesaid period.

In the meantime, as the petitioner is the owner of the goods, the respondents are directed to release the goods and vehicle forthwith on the petitioner furnishing security other than cash and bank guarantee of the amount equivalent to the proposed tax and the penalty as provided under Section 129(1)(a) of U.P. GST and the indemnity bond of the same amount.

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