2019 (11) TMI 944 - HC - GST

Release of detained goods - Section 129 of the CGST/SGST Act - the reason for detention was that the transportation of the goods was not accompanied by valid documents as prescribed under the GST Act - HELD THAT - The detention is held to be prima facie justified, the writ petition is disposed, by directing the respondent to release the goods and the vehicle to the petitioner on the petitioner furnishing a bank guarantee for the tax and penalty amount determined by the respondent in Ext.P2 notice. Petition disposed off.

Summary

Issues: Detention order under Section 129 of CGST/SGST Act due to lack of valid documents.

Analysis:
1. The petitioner challenged the detention order issued under Section 129 of the CGST/SGST Act due to the absence of valid documents during the transportation of goods.

2. The court considered the arguments presented by both the petitioner's counsel and the Government Pleader for the respondent.

3. After examining the facts and submissions, the court found the detention to be prima facie justified.

4. The judgment directed the respondent to release the goods and the vehicle to the petitioner upon the petitioner providing a bank guarantee for the tax and penalty amount mentioned in the detention notice.

5. Additionally, the respondent was instructed to proceed with the adjudication process under Section 130 of the GST Act after releasing the goods and hearing the petitioner.

6. The petitioner was required to submit a copy of the writ petition along with the judgment to the respondent for further action.

This judgment highlights the importance of complying with documentation requirements under the GST Act during the transportation of goods. It also emphasizes the procedural steps to be followed by the respondent in cases of detention, ensuring a fair adjudication process for the petitioner.