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TMI Blog2024 (1) TMI 231X X X X Extracts X X X X X X X X Extracts X X X X ..... e State that the valuation of the petitioner being defective and actual valuation being much higher cannot be ignored though the aspect of valuation is also a matter for adjudication. However, it would be appropriate to put the petitioner on terms by ensuring that the valuation of the goods as determined by the revenue is realizable if the validity of the proceedings under section 130 of the Act are upheld. Conditions of the release order modified. The appeals are disposed off in terms of the modifying the orders of the learned Single Judge dated 25.09.2023. - HON'BLE MR JUSTICE S. SUNIL DUTT YADAV AND HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL For The Appellant (By Sri. Bharat Raichandani, Advocate For Sri. Gangadh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ied. 4. Before adverting to the impugned order, the brief facts that are made out are that the petitioner had raised an invoice on the consignee for supply of areca nut and had handed over the goods to the transporter, who had hired conveyance to transport the goods. 5. The said conveyance was intercepted by the Assistant Commissioner of Commercial Taxes (Enforcement). Physical verification Was conducted and initially impugned order of detention under section 129 of the GST Act, came to be passed detaining the conveyance and the goods. 6. It is further made out from the records that the report of the value by CAMPCO was to the effect that goods were undervalued. 7. Without the proceedings under section 129 of the Act having conc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Rs. 46,72,624/-. iii) Petitioner shall also furnish security by way of immovable property to the value of Rs. 46,72,624/-. iv) It is made clear that on receipt of 20% of the demand and bonds, the concerned authority shall release the goods within a period of two weeks. 10. The said order was modified insofar as time limit for compliance by order dated 10.10.2023, whereby, time limit of one week was granted, failing which the interim order granted on 25.09.2023 would stand automatically vacated. 11. It is the order dated 25.09.2023, imposing conditions that has been challenged. 12. The counsel for the petitioner has contended that the proceedings under section 129 of the Act having been initiated could not have been ab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssed on the conditions that were imposed and that the conditions should have been imposed regarding furnishing of bank guarantee for the entirety of the value of goods. 18. Accepting any argument by the revenue which places the petitioner worse off than the interim order passed on 25.09.2023 by the learned Single Judge, would not arise and accordingly, contentions of the State regarding the correctness of the interim order of release or regarding the insufficiency of imposition of conditions cannot be entertained. 19. The question relating to validity of the order under section 130 of the Act is a matter still pending adjudication before the learned Single Judge. Though the counsel for the petitioner has submitted that imposition of c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Judge by securing the same by way of bank guarantee. c) The appellants to furnish bank guarantee insofar as the value of goods as per his invoice. d) The appellants to furnish personal bond of the Proprietor representing the appellants to the extent of differential value of the goods as per the invoice of the appellants vis- -vis the valuation by CAMPCO made on behalf of the State. e) The Proprietor of the appellants shall furnish personal affidavit described in the appeal memo in all matters recording the compliance of the direction at (a) to (d). For compliance of the aforesaid direction four weeks time is granted. 23. It is made clear that in the event there-is any default of the undertaking, they would be exposing ..... X X X X Extracts X X X X X X X X Extracts X X X X
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