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The question involved in this petition is about the interaction, interplay and inter se application of Section 129 and Section 130 of the Central Goods and Services Tax Act, 2017 and the natures of powers exercisable under the said provision. By way of interim relief, it is directed that the respondents shall release the goods and conveyance of the petitioner, confiscated and detained subject to deposit the amount of tax and penalty.

Section 129/130 of the CGST Act, 2017 —– Goods in Transit - The petitioner challenged the notice dated 22.03.2022 in FORM GST MOV-10 as well as order dated 16.03.2022 in FORM GST MOV-6, whereby the goods and conveyance of the petitioner were confiscated and detained.  The court observed that the question involved in this petition is about the interaction, interplay and inter se application of Section 129 and Section 130 of the Act.

Held that:- The Hon’ble High Court by way of interim relief, directed that the respondents shall release the goods and conveyance of the petitioner, subject to the condition that the petitioner deposits the amount of tax of Rs. 1,35,216/-, penalty to the tune of Rs. 1,35,216/- and furnishes bond to the tune of Rs. 7,51,204/- towards the amount of fine. Upon compliance of the above conditions by the petitioner, the goods and conveyance of the petitioner be released by the authorities. Matter returnable on 08.09.2022.

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