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TMI Blog2025 (1) TMI 1026X X X X Extracts X X X X X X X X Extracts X X X X ..... the release of detained goods - HELD THAT:- The provisions of Section 129(1)(c) of the Act read with Rule 140 of the Rules, provide for an eventuality, wherein the seized goods can be released on provisional basis upon execution of a bond for the value of the goods in Form GST MOV-08 and furnishing of a security in the form of a bank guarantee equivalent to the amount of applicable tax, interest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ods and Services Tax Act, 2017 (for short 'the Act') has been passed requiring the petitioner to pay a sum of Rs. 92,28,444/-. >2. Several submissions have been made by counsel for the petitioner seeking to question the validity of the order on merits including the fact that the authority passing the order, in terms of the Circular No.2018-19/230/1819010 dated 09.05.2018 issued by the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etained in terms of provisions of Section 129(1)(c) of the Act, however, the same was not accepted. >3. Learned counsel for the respondents made submission that the plea raised pertaining to the authority lacking jurisdiction in case of undervaluation of goods, has no applicability to the present case inasmuch as the authority has not valued the goods in question. In fact, the order passed is b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellate Authority under provisions of Section 107 of the Act. However, a prayer has been made that on decision of the Appellate Authority, the interest of the petitioner may be ordered to be protected for a short while, before remedy against the Appellate Order, in case the same goes against the petitioner, can be availed by the petitioner looking to the huge amount involved in the matter. >5. H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rcumstances, we deem it appropriate and therefore, dispose of the present writ petition and direct that the seized goods of the petitioner would be released on his taking steps in terms of Section 129(1)(c) read with Rule 140 of the Rules and Form GST MOV - 08, i.e. furnishing of the bond and the requisite bank guarantee. The petitioner may approach the Appellate Authority in accordance with provi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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