2019 (12) TMI 778

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.... JUDGMENT 1. Aggrieved by Ext.P3 order of penalty, the petitioner preferred Ext.P5 appeal before the 2nd respondent. It is stated that 10% of the disputed tax has also been paid as a condition for maintaining the appeal. It is also submitted by the learned counsel for the petitioner that, the goods that were the subject matter of the penalty order, are still in the custody of the department ....

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.... to await the out come of the confiscation proceedings under Section 130 before seeking a release of goods. Alternatively, it is submitted, that if the petitioner furnishes a Bank guarantee for the entire tax and penalty determined, then he can seek release of the goods as contemplated under Section 129(5). On a consideration of the rival submissions, I find force in the submission of the learn....