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The principal prayer of the petitioner is to set aside the order in FORM GST MOV-11 as well as order in FORM GST MOV-6, whereby the goods and conveyance of the petitioner came to be confiscated and detained. The question involved in this petition is about the interaction, interplay and inter se application of Section 129 and Section 130 of the Central Goods and Services Tax Act, 2017 and the natures of powers exercisable under the said provision. By way of interim relief, it is directed that the respondents shall release the goods and conveyance of the petitioner, confiscated and detained subject to certain conditions.

Section 130 of the CGST Act, 2017— Goods in Transit -– The petitioner challenged the notice dated 27.05.2022 in FORM GST MOV-11 as well as order dated 08.05.2022 in FORM GST MOV-6, whereby the goods and conveyance of the petitioner came to be confiscated and detained. The question involved in this petition is about the interaction, interplay and inter se application of Section 129 and Section 130 of the Act. The court observed that Special Civil Application No. 8353 of 2012 involved same issue, which was returnable on 29.09.2022. As far as prayer for interim relief is concerned regarding release of the goods and vehicle of the petitioner, the same deserves to be considered on the same line.

Held that:- The Hon’ble High Court listed it to be heard along with Special Civil Application No. 8353 of 2012. By way of interim relief, directed that the respondents shall release the goods and conveyance of the petitioner subject to the petitioner depositing the amount of tax, penalty and furnishing bond towards the amount of fine.

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