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2024 (6) TMI 475

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..... terms of which goods are to be released, is true. However, the proceedings under the provisions of the Central Goods and Services Tax Act, 2017 are to be processed and for that purpose, as a matter of State Policy, release is permissible only if a Bond and Bank Guarantee are given for the worth of goods in question. There is another point that goes against the complainant inasmuch as he had specif .....

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..... uarantee for this lesser sum. The complaint contempt is disposed off with a direction to the 1st respondent to release the subject goods on the complainant furnishing a Bond and Bank Guarantee, without brooking any delay. - HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND HON'BLE MR JUSTICE KRISHNA S DIXIT For the Appellant : (by Sri. Syed Ummer., Advocate) For The Respondent : (By Sri. Neera .....

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..... elease in the circumstance therefore cannot be justified. 2. Learned counsel for the complainant submits that the 1st respondent being a party eo nomine to the said order, is bound by the direction contained therein and therefore, he is liable to release the goods that were seized before the Assembly Election process was set in, going by the Election Code of Conduct. 3. Learned counsel representin .....

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..... n the form of a bank guarantee equivalent to the amount of applicable tax, interest and penalty payable. Therefore, he submits that there is no willful default on the part of the said respondent, in insisting upon a Bond and Bank Guarantee. 4. Having heard the learned counsel for the parties and having perused the contempt papers, we find that there is a direction in terms of which goods are to be .....

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..... etter dated 22.09.2023 at Annexure-R8 and now the latest letter issued by the 1st accused-respondent on 6.3.2024 shows the value to be only Rs. 13,36,194/-. It is not the case of complainant that he has any financial difficulty and therefore, he cannot comply with he requirement of rule in question. Therefore, the complainant can get the goods released on giving a Bank Guarantee for this lesser su .....

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