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2022 (1) TMI 1057 - HC - GSTRelease of detained goods alongwith the vehicle - condition of furnishing the Bank Guarantee with bond - non-availability of E-way bill - registration of the recipient was being shown as suspended and that the goods had been undervalued - HELD THAT:- The goods seized can be released under Sub-section (2) of Section 67 of the GST Act on a provisional basis upon execution of the bond and furnishing of the security and on payment of applicable tax, interest and penalty as the case may be. Section 129(2) of the GST Act provides for adopting of provision of Section 67(6) of the GST Act which says that the provision of Sub-section (6) of Section 67 shall mutatis mutandis apply for detention and seizure of goods and conveyance - The Court itself made it clear that there is a difference between Bond & Bank Guarantee. It being a vital distinction between the bond and the Bank Guarantee, once the writ applicant executes a bond to the satisfaction of the authority, the authority concerned cannot insist for the Bank Guarantee. Since there is binding decision in this regard, the authority concerned instead of asking for the Bank Guarantee has insisted on furnishing of the security - It is quite clear that second option of furnishing the security for tax, interest and penalty, there will be no requirement for giving the bond in a case where the person has already made payment of tax, penalty and interest. The petitioner has already made payment of tax and penalty as well as furnished the bond and since the petitioner is unable to insist on the Bank Guarantee, when the requirement is of execution of the bond, to insist on the furnishing the security is something undesirable. The respondent is directed to release the goods and conveyance being No.KA-17-C-1451 since the bond has already been furnished as is required under the Rule - Petition allowed.
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