9911796707
TMI Blog2022 (2) TMI 1489X X X X Extracts X X X X X X X X Extracts X X X X ..... g reliefs: "8 (a) Quash and set aside impugned orders and show cause notice under Forms MOV-06, MOV-10 and MOV-11 dated 23.09.2021 and 07.10.2021 respectively passed by the Respondent no.2 at Annexure "A" and "A1" to this petition and further be pleased to direct the Respondent no.2 to release the goods in question and the conveyance bearing registration no.GJ37 T 8745 which was intercepted at Kamrej, Surat forthwith. (aa) Pending notice, admission and final hearing of this petition, the Hon'ble Court may be pleased to stay the operation, implementation and execution of the confiscation order dated 07.10.2021 passed by the Respondent no.2 at Annexure "A1" to the petition. (b) Pending notice, admission and final hearing of thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he SGST Act has been passed. The dues mentioned above are to be paid by 23rd September 2021. N.S. Trivedi State Tax Officer (2) MOBILE SQUAD, ENF-7, SURAT." 5. Mr. Ashutosh J. Dave, the learned counsel appearing for the writ applicant vehemently submitted that the impugned order passed by the respondent No.2 in MOV - 11 confiscating the goods as well as the conveyance is a non-speaking order. It is in such circumstances, that the writ applicant though fit to invoke the writ jurisdiction of this Court under Article 226 of the Constitution rather than filing of an appeal before the Appellate Authority under Section 107 of the Act. 6. Mr. Utkarsh Sharma, the learned AGP appearing for the respondent, while opposing the present writ applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ms fit, he may provisionally release the goods and the vehicle subject to certain terms and conditions. We take notice of the fact that there may not be a provision analogous to Sub-section 6 of Section 67 in Section 107 of the Act. However, being an Appellate Authority, there is always an inherent power to pass such interim orders. 8. With the aforesaid this writ application stands disposed. The Civil Application also stands disposed of. We clarify that we have otherwise not expressed any opinion on the merits of the case. The Appeals that may be filed shall be decided strictly on their own merits in accordance with law. 9. The Appellate Authority shall not decline to entertain the appeals on the ground of limitation. We say so because t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
