Kerala H.C : Where assessee sought release of goods detained under section 129 of the CGST Act as also Kerala State Goods and Services Tax Act, competent authority was to be directed to complete adjudication provided for under section 129 and if petitioner complied with Rule 140(1) of Kerala Goods and Services Tax Rules, 2017, goods detained shall be released to them forthwith

High Court Of Kerala

Anappuram Steels (P.) Ltd. Vs. Assistant State Tax officer

Section 129

P.B Suresh Kumar, J.

W.P. (C) No. 5709 Of 2018

February 21, 2018

JUDGMENT

1. Petitioner seeks release of the goods detained by the first respondent under Section 129 of the Central Goods and Services Tax Act as also the Kerala State Goods and Services Tax Act.

2. It is seen that an identical matter has been disposed of by a Division Bench of this Court in case CTO, The Intelligence Inspector v. Madhu, M.B. [2017] 85 taxmann.com 172 (Ker.) W.A.No.1802 of 2017, directing expeditious completion of the adjudication of the matter and permitting release of the goods detained pending adjudication, in terms of Rule 140(1) of the Kerala Goods and Services Tax Rules, 2017.

3. In the light of the decision of the Division Bench in W.A.No.1802 of 2017, the writ petition is disposed of directing the competent authority to complete the adjudication provided for under Section 129 of the statutes referred to above, within a week from the date of production of a copy of the judgment. It is also directed that if the petitioner complies with Rule 140(1) of the Kerala Goods and Services Tax Rules, 2017, the goods detained shall be released to them forthwith.

[Citation : 2018-Taxcaselaw-20-Kerala-H.C-GST]