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The prayer sought for herein is for a Writ of Mandamus to call for the records and to quash the Order issued by the respondent and consequently to direct the respondent to release the detained vehicle of the petitioner. According to petitioner, the absence of the full address of the buyer is not such a big offence or violation, for which, the goods in question cannot be detained by the Revenue. According to revenue, this violation is a recurring one from the petitioner, therefore a larger fine has to be imposed. Considering the facts and circumstances of the case and to balance the interest of both sides, this Court is inclined to dispose of this writ petition by directing the petitioner that on payment of 25% of the demand of the penalty in each of the case, the goods and vehicles in question detained by the respondent shall be released.

Section 129/130 of the CGST Act, 2017 — Goods in Transit —- The petitioner sought directions to the respondent to release the detained vehicle. The goods were detained on the ground that there is a violation in the invoice that the full address of the buyer has not been mentioned. The counsel for the petitioner submitted that the absence of the full address of the buyer is not such a big offence or violation, for which, the goods are detained by the Revenue. The court observed that even though the petitioner's counsel says or indicates that, only a sum of Rs. 5,000/- will be normally imposed, that kind of arrangement is not agreeable for the counsel for the respondent as according to him, this violation is a recurring one from the petitioner.

Held that:- The Hon’ble High Court directed that the petitioner on payment of 25% of the demand of the penalty in each of the case, the goods and vehicles detained by the respondent shall be released. Subsequently if the petitioner has not chosen to assail the order of final penalty dated 11.03.2022, after lapse of 3 months period, it is open to the respondent to proceed, in accordance with law.

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