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The petitioner has prayed for quashing a notice and the order of detention of the transport truck with goods which was done by the State GST authorities. the respondents shall release the goods on (i) the petitioner either depositing under protest or furnishing a bank guarantee and also furnishes a bond for the full value of the goods.

Section 129 of the CGST Act, 2017 — Goods in Transit – The petitioner prayed for quashing a notice dated 21.01.2022 and the order of detention of the transport truck with goods, on the ground that driver of the vehicle did not carry valid document. The court observed that subject to the assessment, the vehicle and the goods should be released on certain conditions. The goods are perishable and the transport vehicle has been stranded. The value of goods is approximately Rs. 24.84 lacs on which applicable tax would come to approximately Rs. 1.24 lacs. Considering 200% maximum imposable penalty on such basic tax amount, the round figure that would come to inclusive of possible tax and highest penalty is Rs. 3.75 lacs.

Held that:- The Hon’ble High Court directed that the respondents shall release the goods on the petitioner either depositing under protest or furnishing a bank guarantee to the tune of Rs. 3.75 lacs and also furnishes a bond for the full value of the goods.

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