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Provisional Release Order passed by the Releasing Authority after execution of bond and furnishing of a Bank Guarantee equivalent to the amount of applicable Tax and Penalty is as per law

Search and Seizure—This appeal has been filed before the Appellate Authority against the Provisional Release Order. The seized goods were provisionally released after execution of bond and furnishing of a Bank Guarantee equivalent to the amount of applicable Tax and Penalty payable in terms of the provisions of Rule 140 of the CGST Rules, 2017. the appellant has filed the appeal inter-alia on the ground that the amount of bank guarantee was determined as equivalent to tax and penalty equal to tax is contrary to provision of Section 74(5) and Section 74(8) of CGST Act; 2017. Held that— The Provisional Release Order passed by the Releasing Authority is as per law; as the order has been rightly passed by the Releasing Authority and is in accordance with the provisions of sub-section(6) of Section 67 of the CGST Act, 2017. Hence, no interference is warranted against the provisional release order.