Do expeditious adjudication for release of detained goods under GST : KERALA HC

By | July 6, 2018
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(Last Updated On: July 6, 2018)

HIGH COURT OF KERALA

Ajith A.R.

v.

State Tax Officer, Trivandrum

P.B. SURESH KUMAR, J.

W.P. (C) NO. 16378 OF 2018

MAY  23, 2018

M.R. Sarin, Adv. for the Petitioner. V.K. Shamsudeen, Sr. Govt. Pleader for the Respondent.

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 CTO v. Madhu M.B. [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.

In the light of the decision of the Division Bench in Madhu M.B. (supra), 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 him forthwith.

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