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ARUN BHANSALI
Maruti Castings, Proprietor Nand Kumar Sharma – Appellant
Versus
Union of India – Respondent
JUDGMENT
The matter comes up on an application filed by the respondents No.1, 3, 4 & 5 under Article 226(3) of the Constitution of India seeking vacation of the interim order dated 21/5/2021.
By order dated 21/5/2021, a coordinate bench of this Court passed the following order:
Learned counsel submits that he is ready to submit surety bond instead of asking for a Bank guarantee.
Issue notice of the writ petition as well as stay application, returnable within eight weeks.
In the meanwhile, the goods lying with the respondent/s shall be released subject to submitting a surety bond of the equivalent amount of the value of the goods by the petitioner. The petitioner shall not be insisted for submitting the Bank guarantee."
It is submitted by learned counsel for the respondents that the directions of the Court that the petiti
The court established that under Section 67(6) of the CGST Act, a bank guarantee is mandatory for the provisional release of seized goods.
Compliance with statutory provisions, specifically Section 67(6) of the Act and Rule 140 of the Rules, is necessary for the release of seized goods.
The main legal point established in the judgment is that the issuance of a show cause notice after the specified period does not invalidate the notice, and the court may reserve all rights and conten....
The main legal point established is that cash is excluded from the definition of 'goods' under the CGST Act and cannot be seized under Section 67 as such. The court emphasized the need for the seizur....
Provisional release of goods pending confiscation is not authorized under Section 130 of the CGST Act; legal authority for property deprivation must follow specific statutory provisions.
Seizure of cash under CGST Section 67(2) invalid absent recorded 'reason to believe' of secretion and relevance to proceedings; automatic return mandated under Section 67(7) if no notice within six m....
The main legal point established in the judgment is the necessity for the assessee to invoke the provisions of the GST Act to seek release of the goods, as highlighted in relevant judgments.
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