Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2021 (10) TMI 882

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the respondent No.2 to look into the application and pass appropriate order in accordance with law. Since the hearing is scheduled tomorrow, we direct to first consider the application for release of the goods and vehicle in accordance with law. Let this exercise be undertaken without further loss of time - petition disposed off. - R/SPECIAL CIVIL APPLICATION NO. 14273 of 2021 - - - Dated:- 23-9-2021 - HONOURABLE MS. JUSTICE SONIA GOKANI AND HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN UCHIT N SHETH(7336) for the Petitioner(s) No. 1 for the Respondent(s) No. 1,2 MR SOAHAM JOSHI AGP for the respondents ORAL ORDER (PER : HONOURABLE MS. JUSTICE SONIA GOKANI) 1. The petitioner, which is a proprietorship firm, re .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... and vehicle in accordance with the provisions of Section 67(6) of the Central / Gujarat Goods and Service Tax Acts (hereinafter referred to as the GST Act for short). They filled the Form and also raised objection in relation to invocation of powers of confiscation under section 130 of the ACT 8. In so far as the allegation of suspension of registration of the buyer was concerned, the petitioner pointed out that there seemed to be some error on the part of the authority as the registration of the buyer was very much active. Written reminder was given by the petitioner on 20.09.2021. However, there is no movement for provisional release of the vehicle and the goods. Hence, petitioner is before this Court with the following prayers : .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 1. Mr.Sheth, learned advocate for the petitioner relied upon the decision in the case of Special Civil Application No.5172 of 2020. He has requested that this Court may issue a writ of mandamus or any other appropriate writ or order directing the respondents to forthwith provisionally release the goods number KA-17-C-1451 in terms of the provisions of Section 67(6) of the GST Acts. 10. On an advance notice to Mr.Soaham Joshi, learned AGP is requested to assist this Court. He has drawn attention of this Court to the fact that on the next scheduled date is 24.09.2021. He also assured that the officer concerned shall address the grievance of the petitioner in accordance with law and requested that this Court may not interfere. 11. We have n .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... nfiscation in the form of GST MOV 11. We choose to dispose of this writ application along the line of the order passed by this Court in Special Civil Application No.5172 of 2020 dated 26.02.2020 with a direction to the respondent No.2 to look into the application and pass appropriate order in accordance with law. Since the hearing is scheduled tomorrow, we direct to first consider the application for release of the goods and vehicle in accordance with law. Let this exercise be undertaken without further loss of time. While doing so the officer concerned shall also regard the directions and guidelines provided by this Court in the case of F.S. Enterprise Versus State of Gujarat decided on 11.10.2019. This Court has chosen not to enter .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates