2018 Taxo.online 58

WP(C).No. 7877 of 2018 dated 12.03.2018

M/s EVM PASSENGER CARS INDIA PVT. LTD.

THE STATE OF KERALA & ORS.

2018

GST

Central Goods & Services Tax Act, 2017

129

P. B. Suresh Kumar, Justice

In favour of revenue

High Court

Kerala

Represented by: – 

Petitioner: – Smt. K. Latha 

Respondent: – V. K. Shamsudheen 

Order: – 

Goods of the petitioner have been detained by the second respondent invoking the power under Section 129 of the Central Goods and Services Tax Act as also the Kerala State Goods and Services Tax Act on the ground that the same were being transported without the requisite documents. The petitioner concedes that the goods were not accompanied by the requisite documents. It is stated, however, that though the requisite documents have been subsequently furnished, the second respondent is refusing to release the goods. The petitioner, therefore, seeks appropriate directions in this regard in this writ petition.  

  1. The learned Government Pleader, on instructions, submits that the documents produced by the petitioner after the detention have no connection, whatsoever, with the goods transported by the petitioner. 
  2. In the light of the stand taken by the learned Government Pleader, I deem it appropriate to dispose of the writ petition directing the second respondent to complete the adjudication provided for under Section 129 of the said statutes within seven days from the date of receipt of a copy of this judgment. Ordered accordingly. The petitioner is permitted to produce a copy of the judgment for compliance before the second respondent.

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