Mondelez India Foods Private Limited C/O Deiex Cargo Ind. Pvt. Ltd. vs. The Asst. State Tax Officer Squad No. V, Palakkad
(Kerala High Court, Kerala)

Case Law
Petitioner / Applicant
Mondelez India Foods Private Limited C/O Deiex Cargo Ind. Pvt. Ltd.
Respondent
The Asst. State Tax Officer Squad No. V, Palakkad
Court
Kerala High Court
State
Kerala
Date
Nov 2, 2018
Order No.
WP (C). No. 35903 of 2018
TR Citation
2018 (11) TR 2791
Related HSN Chapter/s
N/A
Related HSN Code
N/A

ORDER

The petitioner, a private limited company, sent goods to its six distributors in Palakkad District, as seen from Exts.P1 to P1(e) invoices and Exts.P2 to P2(e) e-way bills. The vehicle and the goods were detained because, by then, the e-way bills expired. Aggrieved, the petitioner filed this writ petition.

2. In the writ petition, the petitioner sought the following reliefs:

“(i) To issue a writ of mandamus or any other appropriate writ order or direction to the respondent to release the goods detained under Ext.P4 order.

(ii) to grant such other relief as this Hon’ble Court may deem fit and proper to grant in the circumstances of the case.”

3. The learned Division Bench of this Court in Renji Lal Damodaran Vs. State Tax Officer Judgment dated 6.8.18 in W.A.No.1640/2018 has dealt with an identical issue.

4. Applying the ratio of that judgment, I direct the respondent authorities to release the petitioner’s goods and vehicle on its “furnishing Bank Guarantee for tax and penalty found due and a bond for the value of goods in the form as prescribed under Rule 140(1) of the CGST Rules”.

With the above direction I dispose of the writ petition.

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