This court inclined to order provisional release of the goods pending the confiscation proceedings on the condition that the writ applicant shall deposit an amount with the respondent towards the tax and penalty.
Section 130 of the CGST Act, 2017 — Goods in Transit —–The applicant challenged confiscation notice. The court observed that as on the date of MOV- 10 M/s. M. M. Enterprise is not admitting the transaction with the writ applicant. The applicant submitted that he is the seller of the goods. He has generated the E-way bill, ultimately, he will have to show the transaction in the assessment proceeding as E-way bill has been generated.
Held that:- The Hon’ble High Court directed the respondent to provisionally release the goods pending the confiscation on the condition that writ applicant shall deposit an amount of Rs. 18 Lakh with the respondent towards the tax and penalty. For the balance amount towards fine of Rs. 52 Lakh, the writ applicant shall execute a bond to the satisfaction of the respondent with an undertaking that ultimately, if the goods are held liable to be confiscated, he shall make good the entire payment towards fine in lieu of confiscation.