This appeal has been filed before the Appellate Authority under Section 107 of the Central Goods and Service Tax Act, 2017 (hereinafter also referred to as “the CGST Act”) by M/s Singhal’s Fiexipack, Plot No. E39A, RIICO Industrial Area, Bassi (Extn.), Bassi, Jaipur (Rajasthan) (hereinafter also referred to as “the appellant”) against the Provisional Release Order issued under C.No. IV(6)138/AE/JPR/2017/1484 dated 29.11.2017 (hereinafter referred to as “the impugned order”). The detail is as under:-

Brief facts of the case.-

2.1 M/s Singhal’s Flexipack, Plot No. E39A, RIICO Industrial Area, Bassi (Extn.), Bassi. Jaipur (Rajasthan) (hereinafter also referred to as “the appellant”) holding GSTlN:08ACTFS7261AIZU are engaged in manufacturing of Flexible Packaging  Material, Plastic Printed & Laminated Rolls & Plastic Printed Pouches.

2.2 A search operation was conducted on 10.11.2017 by the officers of Jaipur Zonal Unit of the Directorate General of GST Intelligence (DGGI), Jaipur at the factory premises of the appellant, Plot No. 134, (Hanuman Bhawan), Govind Nagar (West), Opp Government Dispensary, Jorawar Singh Gate, Amer Road, Jaipur and residence of Shri Jintendra Kumar Agarwal, the partner of M/s SFS, and certain incriminating documents/ records relevant to the investigation indicating evasion of CGST/SGST Tax were recovered and resumed/seized.

2.3 The goods as detailed in the panchnama dated 10.11.2017 were seized. The seized goods were provisionally released vide order C.No.IV(6)138/AE/JPR/2017/1484 dated 29.11.2017 after execution of bond for the value of ₹ 43,89,371/- and furnishing of a Bank Guarantee for an amount of ₹ 15,80,176/- equivalent to the amount of applicable Tax and Penalty payable in terms of the provisions of Rule 140 of the CGST Rules, 2017.

3.  Being aggrieved  with the Provisional Release  Order No. C. No.IV(6)138/AE/JPR/2017/1484 dated 29.11.2017 and conditions imposed by the Additional Commissioner, Central Goods and Service Tax & Central Excise, Jaipur, the appellant has filed the appeal inter-alia on the following grounds which may be summarized as under:

3.1 The amount of Bank Guarantee was determined as equivalent to tax and penalty equal to tax is contrary to provision of Section 74(5) and Section 74(8) of CGST Act; 2017

3 2 While passing the impugned order the releasing authority was required to follow the judgments of various courts under judicial discipline. The impugned order has been passed in utter violation of judicial discipline. In support of this argument the appellant has submitted various judgments and requested to consider the case laws cited by the appellant and modify the impugned order

4. The personal hearing in the matter was held on 10.12.2018. The appellant reiterated the grounds of appeal.

5. I have carefully gone through the facts of the case and submissions made by the appellant in their appeal memorandum. I also find that the investigation in the matter is still under process as per letter C.No. DGGSTI/JZU/INT/CE/02/2017/3256 dated 22.07.2019 received from Joint Director, DGGI, Jaipur and appeal has been filed only against the conditions imposed for provisional release. The various courts order submitted by the appellant is not squarely covered in the instant matter. Hence I do not  find any interference in the impugned order.

6, The Provisional Release Order passed by the Releasing Authority is as per law; as the order has been rightly passed by the Releasing Authority and is in accordance with the provisions of sub-section(6) of Section 67 of the CGST Act, 2017. Hence, no interference is warranted against the provisional release order.