Tayab Zainulabdin vs. Assistant State Tax Officer, State Gst Dept, Kollam
(Kerala High Court, Kerala)

Case Law
Petitioner / Applicant
Tayab Zainulabdin
Respondent
Assistant State Tax Officer, State Gst Dept, Kollam
Court
Kerala High Court
State
Kerala
Date
Nov 12, 2018
Order No.
WP(C).No. 36685 of 2018
TR Citation
2018 (11) TR 2807
Related HSN Chapter/s
N/A
Related HSN Code
N/A

ORDER

The petitioner, a registered dealer under the Kerala Goods and Services Tax Act, faced with Exts.P5 and P6 notices under Sections 129(3) and 129(1) of the SGST Act, sought the following reliefs:

“(i) issue a writ of certiorari, or any other appropriate writ, order or quashing Exts.P5 to P7 notices of the respondent;

(ii) issue a writ of mandamus or other appropriate writ, order or direction directing the respondent to release the goods to the petitioner without collecting any security under section 129(1)(c) and Exts.P5 to P7.”

2. The learned Division Bench of this Court in Renji Lal Damodaran Vs. State Tax Officer Judgment dated 06.08.2018 in W.A. No.1640 of 2018 dealt with an identical issue. Applying the ratio of that judgment, I direct the respondent authorities to release the petitioner’s goods and vehicle on his “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”.

Thus the writ petition is disposed of.

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