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RENJI LAL DAMODARAN, DAMU & SONS SALES CORPORATION vs. STATE TAX OFFICER, KOTTARAKKARA AND ASST. STATE TAX OFFICER, KARUNAGAPALLY
(Kerala High Court)

Hon'ble Judges:

K.VINOD CHANDRAN
ASHOK MENON
Pet. Counsel
Harisankar V. Menon
Meera V.menon
K.krishna
Res. Counsel
Mohammed Rafiq

Petitioner / Applicant

RENJI LAL DAMODARAN, DAMU & SONS SALES CORPORATION

Respondent STATE TAX OFFICER, KOTTARAKKARA AND ASST. STATE TAX OFFICER, KARUNAGAPALLY
Court Kerala High Court
State

Kerala

Date Aug 6, 2018
Order No.

WA. No. 1640 of 2018 IN WPC. 25661/2018

Citation

2018(8) TAXREPLY 2939

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ORDER

The appeal has been filed against the judgment of the learned Single Judge in WP(C) No.25661 of 2018 dated 31.07.2018. The appellant's goods were detained on inspection and notice was issued under Section 129 of the Kerala Goods and Services Tax Act, 2017 [for brevity, the KGST Act] and Rule 140 of the Central Goods and Services Tax Rules, 2017 [for brevity, the CGST Rules]. 2. The first contention is that there is no cause for directing a Bank Guarantee to be furnished. The Section specifically speaks of a Bank Guarantee and we find that the appellant had agreed to furnish a Bank Guarantee before the learned Single Judge. We do not think any interference can be caused on that aspect. 3. The second contention raised by the learned Counsel appearing for the appellant is that the Bank Guarantee need be furnished only for the tax and penalty which could be imposed and the value of goods could be secured by a bond in the form FORM GST INS-04. We need only refer to Rule 140(1....

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