2018 (8) TMI 1141 - HC - GST

Detention of goods with vehicles - e-way bill did not contain the details of the vehicle used for the transport - Held that - The respondent authorities directed 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 - appeal disposed off.

Summary

Issues involved:
- Detention of goods and vehicle due to missing details in e-way bill
- Relief sought by the petitioner
- Reference to a previous judgment dealing with a similar issue
- Decision based on the ratio of the previous judgment

Detailed Analysis:

1. Detention of goods and vehicle due to missing details in e-way bill:
The petitioner, engaged in works contract, faced detention of goods and vehicle as the e-way bill (Ext.P2) lacked information about the transport vehicle. This led to the filing of a writ petition seeking relief from the detention.

2. Relief sought by the petitioner:
The petitioner sought various reliefs through the writ petition, including quashing the issued documents (Exts.P3 & P3(a), Exts.P4 & P4(b), releasing the detained goods and lorries unconditionally, and other incidental reliefs along with the costs of the proceedings.

3. Reference to a previous judgment dealing with a similar issue:
The judgment referred to a previous case, Renji Lal Damodaran Vs. State Tax Officer, where an identical issue was addressed by the Division Bench of the Court on 06.08.2018 in W.A. No.1640 of 2018. This reference indicates the relevance and applicability of the previous judgment to the current case.

4. Decision based on the ratio of the previous judgment:
Based on the ratio of the previous judgment, the Court directed the respondent authorities to release the petitioner's goods and vehicle upon the petitioner furnishing a Bank Guarantee for tax and penalty due, along with a bond for the value of goods as prescribed under Rule 140(1) of the CGST Rules. The judgment disposed of the writ petition with this direction, providing a resolution to the issue at hand in line with the precedent set by the previous case.

This detailed analysis outlines the issues involved in the judgment, the relief sought by the petitioner, the reference to a previous judgment, and the decision based on the ratio of the previous judgment, offering a comprehensive understanding of the legal proceedings and outcome in the case.