Allahabad HC directs GST Dept to release Goods on Strength of Security and Bank Guarantee [Read Order]

While granting an interim relief to M/s Lg Electronics India Pvt. Ltd, a two-judge bench of the Allahabad High Court, on Thursday directed the GST authorities to release the goods on furnishing security and Bank Guarantee as per the GST laws.

In the instant case, the goods belong to the petitioner have been seized by the Goods and Services Tax department for want of E-Way Bill.

The sole issue before the Court was that whether Rule 138 of the Uttar Pradesh Goods and Services Tax Rules, 2017 as it stood originally before the 4th amendment would stand revived with the rescinding of the notifications dated 30/31.01.2018 enforcing the amended Rule 138 of the Rules with effect from 01.02.2018 with regard to the E-Way Bill.

The Special counsel appeared for the respondents, Sri C.B. Tripathi, requested the Court to file counter affidavit within a month.

Accepting the request of the respondents, the bench comprising Justices Pankaj Mithal and Saral Srivastava observed that “In the meantime, the seized goods of the petitioner, as well as the vehicle, be released by the authorities forthwith on the petitioner furnishing security other than cash and bank guarantee of the proposed tax and penalty and indemnity bond of the value of the seized goods.”