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AASHIWARD MARKETING THROUGH PROPRIETOR SAIF TANVEER vs. STATE OF GUJARAT
(Gujarat High Court)

Hon'ble Judges:

HARSHA DEVANI
SANGEETA K. VISHEN
Pet. Counsel
Chetan K Pandya
Res. Counsel
Government Pleader

Petitioner / Applicant

AASHIWARD MARKETING THROUGH PROPRIETOR SAIF TANVEER
Respondent STATE OF GUJARAT
Court Gujarat High Court
State

Gujrat

Date Nov 27, 2019
Order No.

R/Special Civil Application No. 20931 of 2019

Citation

2019(11) TAXREPLY 1674
Original Order
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ORDER

1.Mr. Chetan Pandya, learned advocate for the petitioner submitted that in this case, after the conveyance in question came to be detained, Form GST MOV-01 came to be issued which indicates that the conveyance in question was accompanied by both invoice as well as e-way bill. 2.It is submitted that thereafter, Form GST MOV-02 came to be issued for physical verification and a physical verification report in Form GST MOV-04 came to be issued which indicates that no discrepancy was found during the course of physical verification. 3.It was submitted that thereafter, an order in Form GST MOV-06 came to be issued. It was submitted that once an order in Form GST MOV-06 is issued, it is incumbent upon the said respondent to issue an order in Form GST MOV-07 and it is only if the petitioner does not pay the amount of fine and penalty, that section 130 of the Central Goods and Services Tax Act, 2017 / Gujarat Goods and Services Tax Act, 2017 can be invoked. 4.It was submitted tha....

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