SREE GANESH GEARS PVT. LTD. Versus ASSISTANT STATE TAX OFFICER, SQUAD NO. IV, STATE GST DEPARTMENT, PALAKKAD, KERALA, STATE TAX OFFICER, KERALA, COMMISSIONER, STATE TAX DEPARTMENT, GOVT. OF KERALA, TRIVANDRUM, STATE OF KERALA, REP. BY SECRETARY TO GOVT., GOODS AND SERVICE TAX AUTHORITY, TRIVANDRUM AND M/s KERALA AGRO MACHINERY CORPORATION LTD., ERNAKULAM – 2018 (11) TMI 1191 – KERALA HIGH COURT – TMI – Release of detained goods with vehicle without producing bank guarantee – Held that:- Indeed has seen from Section 129(6) of the GST the detention proceedings are time bound. there are no reason to doubt that the STO will drag the proceedings contrary to the statutory mandate – the writ petition is closed leaving it open for the petitioner to
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le High court may deem fit to grant in the facts and circumstances of the case. 2. In response to submissions made by the petitioner's counsel, the Government Pleader informs the Court that as seen from the Ext.P4 notice, the STO has fixed 23-11-2018 as the date for the petitioner to appear. According to her, the STO will dispose of the matter on that date. 3. Indeed has seen from Section 129(6) of the GST the detention proceedings are time bound. I have no reason to doubt that the STO will drag the proceedings contrary to the statutory mandate. Under these circumstances I close the writ petition leaving it open for the petitioner to appear before the STO in terms of the Ext.P4 and invite an order accordingly. – Case laws – Decisions
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