Where matter permitting release of goods detained pending adjudication, in terms of Rule 140(1) then Competent authority should be directed to complete adjudication provided for u/s 129 of statutes.

Assessee Detention of goods—Assessee soughtfor release of goods detained by revenue u/s 129—Held, directing expeditious completion of adjudication of matter and permitting release of goods detained pending adjudication, in terms of Rule 140(1)—Competent authority was directed to complete adjudication provided for u/s 129 of statutes, within week from date of production of copy of judgment—It was also directed that if assessee complies with Rule 140(1) goods detained should be released to them forthwith—Assessees petition disposed of.

Petitioner seeks release of the goods detained by the respondent under Section 129 of the Central Goods and Services Tax Act as also the Kerala State Goods and Services Tax Act.

In the light of the decision of the Division Bench in W.A.No.1802 of 2017, 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 them forthwith.

Sd/-

P.B.SURESH KUMAR,

JUDGE.

LEGAL REFERENCES

Section 129 Rule 140(1)

CONCEPTS

Kerala High Court

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Section - 129, Detention, seizure and release of goods and conveyances in trans…

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Where matter permitting release of goods detained pending adjudication, in terms of Rule 140(1) then Competent authority should be directed to complete adjudication provided for u/s 129 of statutes.

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Petitioner seeks release of the goods detained
by the 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
W.A.No.1802 of 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 W.A.No.1802 of 2017, 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 them forthwith.

Sd/-

P.B.SURESH KUMAR, JUDGE.

Petitioner seeks release of the goods detained
by the respondent under Section 129 of the Central Goods
and Services Tax Act as also the Kerala State Goods and
Services Tax Act.

Sd/-

P.B.SURESH KUMAR, JUDGE.

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Section - 129, Detention, seizure and release of goods and conveyances in trans…

Where matter permitting release of goods detained pending adjudication, in terms of Rule 140(1) then Competent authority should be directed to complete adjudication provided for u/s 129 of statutes.