2018(09)LCX0011
IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
M/S PANEL SOURCE LLP
Versus
ASSISTANT STATE TAX OFFICER
WP(C).No. 30729 of 2018, dated 19.09.2018
Cases Quoted -
..
Advocated By -
PETITIONER'S: SRI.S.ANIL KUMAR (TRIVANDRUM)
RAJAGOPAL M
JUDGMENT
The petitioner, a dealer, faced detention proceedings under Section 129 of the Goods and Services Tax Act. After failing to secure interim release of the goods, it has filed this writ petition seeking the following reliefs :
i) declare Rule 140 of the CGST/SCST Rules, to the extent to which it directs collection of security in the form of simple bond for the value of goods and bank guarantee equivalent to the amount of applicable tax, interst and penalty payable as a mandatory condtiion for the release of the goods detained under section 129(3) of the Act as violative of Article 301 of the Constitution ;
ii) issue a writ of certiorari or any other appropriate writ, order or direction as this Court deems fit and proper in the circumstances of the case, calling for the records leading to the issue of Ext.P7 order and Ext.P7(a) notice and after scrutinizing the same to strike down and quash them ;
iii) issue a writ of mandamus or other appropriate writ, orders or directions idrecting the respondent to refrain from proceedings further under section 129 of the Act based on Ext.P7 and Ext.P7(a) ;
iv) issue a writ of mandamus or other appropriate writ, orders or directions, directing the respondent to release the goods to the petitioner without collecting any security under S.129(1)(c) ;
v) issue such other writ, order or direction which this Court deems fit and necessary in the interest of justice.
Nevertheless, the issue raised in this writ petition stands squarely covered by judgment dated 9th August 2018 in WPC No.26986 of 2018. Applying the same ratio, I dismiss the writ petition.
Sd/-
DAMA SESHADRI NAIDU
JUDGE
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 COPY OF INVOICE DATED 06/09/2018.
EXHIBIT P2 COPY OF THE E-WAY BILL NO.271039236780 DATD
06/09/2018.
EXHIBIT P3 COPY OF STATEMENT DATED
09/09/2018 OF THE
DRIVER IN MOV-01.
EXHIBIT P4 COPY OF THE ORDER
DATED 09/09/2018 IN GST
MOV-02 ISSUED BY THE 1ST RESPONDENT FOR
PHYSICAL VERIFICATION.
EXHIBIT P5 COPY OF LETTER DATED
10/09/2018 FILED BY THEPETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT P6 COPY OF FULLY
FILED UP E-WAY BILL (PART A
AND B) NO.271039236780 DATED 06/09/2018/10-09-18.
EXHIBIT P7 COPY OF DETENTION ORDER
DATED 12/09/2018ISSUED BY HE 1ST RESPONDNT.
EXHIBIT P7 A COPY OF NOTICE
DATED 12/09/2018 ISSUED BY
THE RESPONDENT U/S.129(3) OF THE CGST/SCSTACT.
EXHIBIT P8 COPY OF REPLY DATED
12/09/2018 FILED BEFORE THE 1ST RESPONDENT.