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Whether the failure to remit tax and penalty as provided under Section 129 of the Act, would lead to confiscation of goods under the provisions of Section 130.

Shanti Prime Publication Pvt. Ltd.

Section 129 of the CGST Act, 2017— Goods in Transit – The Petitioner, submitted that the issue insofar as release of goods and vehicle by way of Bank Guarantee is covered by a judgment of this Division Bench. However, the Court had directed that for remitting the amount temporary registration will be permitted. The Petitioner is not ready to make remittance of money as such, but undertakes to furnish Bank Guarantee. The Petitioner further raised whether the failure to remit tax and penalty as provided under Section 129 of the Act, would lead to confiscation of goods under the provisions of Section 130.

Held that:- The Hon’ble High Court held that on furnishing the Bank Guarantee for tax and penalty as provided under Rule 141 of the Rules, 2017, and simple bond without sureties for the value of the goods, the goods and the vehicle shall be released expeditiously. — Husky Injection Molding Systems (India) Private Limited Vs. The Commissioner of State Tax Kerala GST Tax Tower, Thiruvananthapuram, Asst. Commissioner (Int) Palakkad, Kerala GST Department Palakkad, Deputy Commissioner of State Tax, Palakkad And Asst. State Tax Officer Squad No. 1 Kerala Gst Department Palakkad [2019] 9 TAXLOK.COM 006 (Ker)

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