2019 (10) TMI 479 - HC - GST

Direction to release the consignments against a security to be furnished by the petitioner - HELD THAT - Taking note of the detention orders passed and finding that the detention was on account of irregularities in the e-way bills that were submitted at the time of transportation, I direct the 3rd respondent to release the consignment of goods covered by Exts.P9 and P10 detention notices on the petitioner furnishing a bank guarantee for the tax and penalty amounts in respect of the said consignments. Petition disposed off.

Summary

Issues:
Detention under Section 129(1) of CGST/SGST Act for consignments due to irregularities in e-way bills.

Analysis:

1. The petitioner challenged the detention notices (Exts.P9 and P10) under Section 129(1) of the Central Goods and Service Tax/State Goods and Service Tax Act regarding two consignments sent to a specific recipient. The petitioner sought the release of the consignments upon furnishing security.

2. The High Court considered the arguments presented by the petitioner's counsel and the Government Pleader for the respondents. After evaluating the facts, circumstances, and detention orders, the Court noted that the detentions were due to irregularities in the e-way bills submitted during transportation.

3. In the judgment, the Court directed the 3rd respondent to release the goods covered by the detention notices upon the petitioner providing a bank guarantee for the tax and penalty amounts related to the consignments. The 3rd respondent was instructed to adjudicate the matter within two weeks of receiving a copy of the judgment, after hearing the petitioner. The petitioner was required to submit a copy of the writ petition and the judgment to the 3rd respondent for further action.

4. The writ petition was disposed of with the above directions, emphasizing the importance of addressing irregularities in e-way bills promptly and ensuring compliance with tax and penalty obligations. The judgment aimed to balance the interests of the petitioner and the tax authorities while upholding the legal provisions of the CGST/SGST Act.