Section 129 of the CGST Act, 2017 — Goods in Transit –- The appellant has filed writ Appeal aggrieved by the judgment of the learned Single Judge, whereby the petition was dismissed holding that the appellant has statutory remedy available. The court in its interim order directed the 3rd respondent to release goods subject to the condition that the appellant furnishes bank guarantee for the penalty amount within a period of one week. The counsel for the petitioner submitted that he has already complied with the condition and furnished the bank guarantee and paid Tax amount. The court observed that since the tax amount has already been remitted by the consignor and the appellant has already furnished bank guarantee, the goods in custody of the respondent can be released to the appellant.
Held that:- The Hon’ble High Court allowed the writ Appeal, modifying the judgment of the learned Single Judge to the extent that the first respondent is directed to release the goods if the appellant furnishes the bank guarantee for the penalty amount, if not already done., within a period of two weeks.