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M/s Asian Logistic Versus The Assitant Commissioner of Commercial Tax Officer (3) & 1

2015 (12) TMI 424 - GUJARAT HIGH COURT

Detention of the truck along with the goods - Held that:- petitioner has deposited a sum of ₹ 1,50,000/- with the respondent authorities in terms of the directions issued by this court by the order dated 10.9.2015. It was further submitted that the truck in question together with the goods has crossed the border of Gujarat into Maharashtra and, therefore, the apprehension of the respondent authorities no longer survives. - Petition disposed of. - Special Civil Application No. 13730 of 2015 .....

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for the respective parties, had passed an order in the following terms :- "1. Heard Mr. Manish Kaji, learned advocate for the petitioner and Ms. Maithili Mehta, learned Assistant Government Pleader for the respondents. 2. Having regard to the submissions advanced by the learned counsel for the respective parties, the court is of the view that the matter requires consideration, hence, issue rule returnable on 29th October, 2015. Ms. Maithili Mehta, learned Assistant Government Pleader waive .....

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ondent authorities that the goods are likely to be sold within the State of Gujarat can be allayed by verifying with the border checkpost when the goods leave the State of Gujarat and enter the State of Maharashtra. 4. The petition is vehemently opposed by Ms. Maithili Mehta, learned Assistant Government Pleader by submitting that the petitioner is only a transporter and that the owner of the goods in question has not come forth and that the respondents apprehend that the owner may not cooperate .....

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ing paid, the respondents shall forthwith release the vehicle in question alongwith the goods, without prejudice to any action that may be initiated by the respondents against the owner of the goods in question under the provisions of the Gujarat Value Added Tax Act. Furthermore, with a view to verify as to whether the goods actually leave the State of Gujarat, the respondent authorities may verify with the Bhilad checkpost at the time when the vehicle in question leaves the border of Gujarat an .....

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