2018 Taxo.online 80
WRIT TAX No. – WP(C). No. 10588 of 2018 dated 26.03.2018
SAINT-GOBAIN INDIA PRIVATE LIMITED
THE ASSISTANT STATE TAX OFFICER, THE STATE OF KERALA, UNION OF INDIA, THE GOODS AND SERVICES TAX COUNCIL
2018
GST
Central Goods and Service Tax Act 2017
129
CGST Rules
140
Mr. P.B. Suresh Kumar, Justice
In favour of assessee
High Court
Kerala
Represented by: –
Petitioner: – Sri. S. Anil Kumar (Trivandrum), Sri. M. Rajagopal
Respondent: – Sri. N. Nagaresh, Sri V. K. Shamsudheen
Order: –
Petitioner seeks release of the goods detained by the first respondent under Section 129 of the Central Goods and Services Tax Act as also the Kerala State Goods and Services Tax Act.
- It is seen that an identical matter has been disposed of by a Division Bench of this Court in W.A.No.1802 of 2017, directing expeditious completion of the adjudication of the matter and permitting release of the goods detained pending adjudication, in terms of Rule 140(1) of the Kerala Goods and Services Tax Rules, 2017.
In the light of the decision of the Division Bench in W.A.No.1802 of 2017, the writ petition is disposed of directing the competent authority to complete the adjudication provided for under Section 129 of the statutes referred to above, within a week from the date of production of a copy of the judgment. It is also directed that if the petitioner complies with Rule 140(1) of the Kerala Goods and Services Tax Rules, 2017, the goods detained shall be released to them forthwith.
