This Court deems it proper to permit the petitioners to furnish the bank guarantee to the respondents and on furnishing such bank guarantee, the respondents may release the goods and vehicle in question. This Court also holds that since the petitioners have been permitted to give bank guarantee, the respondents may not take any action under Section 130 of the Act of 2017 till disposal of the appeal.
Section 129 of the CGST Act, 2017 — Goods in Transit – The petitioner challenged the penalty order dated 4th October, 2019 in Form GST MOV – 09 . The petitioner prayed that vehicle, which has been seized, may also be released along with the goods. The respondent counsel submitted that the grievances, which are raised in the present writ petition, can always be agitated before the Appellate Authority by way of filing appeal. He further submitted that the appeal has been filed by the petitioners before the Appellate Authority and the same is pending before the Appellate Authority. This Court observed that they are provisions, which are contained in Rule 140, where power has been given to release the seized goods on provisional basis upon execution of a bond for the value of the goods on furnishing of a security in the form of a bank guarantee equivalent to the amount of tax, interest and penalty payable.
Held that:- The Hon’ble High Court permitted the petitioners to furnish the bank guarantee to the respondents and on furnishing such bank guarantee, the respondents may release the goods and vehicle.
This Court deems it proper to permit the petitioners to furnish the bank guarantee to the respondents and on furnishing such bank guarantee, the respondents may release the goods and vehicle in question. This Court also holds that since the petitioners have been permitted to give bank guarantee, the respondents may not take any action under Section 130 of the Act of 2017 till disposal of the appeal.
Section 129 of the CGST Act, 2017 — Goods in Transit – The petitioner challenged the penalty order dated 4th October, 2019 in Form GST MOV – 09 . The petitioner prayed that vehicle, which has been seized, may also be released along with the goods. The respondent counsel submitted that the grievances, which are raised in the present writ petition, can always be agitated before the Appellate Authority by way of filing appeal. He further submitted that the appeal has been filed by the petitioners before the Appellate Authority and the same is pending before the Appellate Authority. This Court observed that they are provisions, which are contained in Rule 140, where power has been given to release the seized goods on provisional basis upon execution of a bond for the value of the goods on furnishing of a security in the form of a bank guarantee equivalent to the amount of tax, interest and penalty payable.
Held that:- The Hon’ble High Court permitted the petitioners to furnish the bank guarantee to the respondents and on furnishing such bank guarantee, the respondents may release the goods and vehicle.