QMAX ASSAY AND HALLMARKS, RD TOWERS, PALLIKKULAM ROAD, THRISSUR Vs. THE INTELLIGENCE OFFICER (IB) COMMERCIAL TAXES, NEAR CIVIL STATION, PALAKKAD

JUDGEMENT

(1.) In terms of Exts.P9 and P9(a) orders, 25,024.180 gms of gold jewellery have been seized from the petitioner under sub-section (2) of Section 67 of the Kerala State Goods and Services Tax Act (the Act). The confiscation proceedings before the third respondent in furtherance to the seizures are yet to be over. The petitioner seeks directions to the third respondent to release the seized jewellery pending confiscation proceedings.

(2.) Heard the learned counsel for the petitioner as also the learned Government Pleader.

(3.) Sub-section (6) of Section 67 of the Act confers power on the third respondent to release the seized articles on provisional basis, upon execution of a bond and furnishing of a security, in such manner and of such quantum, respectively, as may be prescribed or on payment of applicable tax, interest and penalty payable, as the case may be Sub-rule (1) of Rule 140 of the Kerala State Goods and Service Tax Rules (the Rules) provides that the seized articles may be released on a provisional basis upon execution of a bond for the value of the goods in FORM GST INS-04 and furnishing of a security in the form of bank guarantee equivalent to the amount of applicable tax, interest and penalty payable. In the light of the aforesaid provisions, the petitioner is entitled to claim release of the seized articles.