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No detention of goods alleging that 18% GST was required if no mala fide intention was found in charging 5% GST

January 9, 2019[2019] 101 24 (Kerala)

GST : Where Competent Authority had detained goods of petitioner en route alleging that rate of tax on goods was 18 per cent and not 5 per cent as shown in invoice and petitioner had allegedly been trying to evade tax by misdescribing goods, since petitioner's conduct could not be faulted nor could he be accused of evading tax, detention of goods was arbitrary and unsustainable and Competent Authority was to be directed to release goods forthwith

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