2021 (10) TMI 199

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....cided by this Court on 04.07.2018 and submits that this Court has after taking into consideration the provisions of Section 129 of the Central Goods and Services Tax Act, 2017 (for short, "CGST") has observed that if goods have been seized proceedings under Section 130 of the Act can only be initiated after a fair opportunity is given to the concerned for depositing of Tax for penalty as assessed. Further, this Court after taking into consideration the provision of Rule 140 of the CGST Rules 2017 has observed that the seized goods can be released on provisional basis after execution of bond for the value of goods and furnishing of security in form of Bank Guarantee equivalent to the amount of applicable tax, interest and penalty payable. ....

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....days time was given to deposit the amount from the date of detention and as 14 days had lapsed on the next date ie. 09.02.2021, notice of confiscation of goods was initiated and final confiscation of order has been passed on 09.03.2021. Admittedly, the goods were seized on 22.01.2021. Thus, on the date when the order of demand of tax and penalty was issued on 08.02.2021, 14 days time had already been lapsed. Virtually, the petitioner has not been given any chance to deposit the tax and penalty. 7. However, since final order under Rule 130 and goods have already been seized on 09.03.2021. This Court would not make any further observation as it would affect the result of the appeal, however, this Court finds that the provisions of Se....