2018 Taxo.online 460
WP(C).No. 36685 of 2018 dated 12.11.2018
TAYAB ZAINULABDIN
ASSISTANT STATE TAX OFFICER
2018
GST
Central Goods & Services Tax Act, 2017
Dama Seshadri Naidu, Justice
Partly in favour of assessee
High Court
Kerala
Represented by: –
Petitioner: – Sri.N.Muraleedharan Nair
Respondent: – Dr Thushara James
Order: –
The petitioner, a registered dealer under the Kerala Goods and Services Tax Act, faced with Exts.P5 and P6 notices under Sections 129(3) and 129(1) of the SGST Act, sought the following reliefs:
“(i) issue a writ of certiorari, or any other appropriate writ, order or quashing Exts.P5 to P7 notices of the respondent;
(ii) issue a writ of mandamus or other appropriate writ, order or direction directing the respondent to release the goods to the petitioner without collecting any security under section 129(1)(c) and Exts.P5 to P7.”
- The learned Division Bench of this Court in Renji Lal Damodaran Vs. State Tax Officer[1] dealt with an identical issue.
Applying the ratio of that judgment, I direct the respondent authorities to release the petitioner’s goods and vehicle on his “furnishing Bank Guarantee for tax and penalty found due and a bond for the value of goods in the form as prescribed under Rule 140(1) of the CGST Rules”.
Thus the writ petition is disposed of.
