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ASHARAF ALI. K.H vs. THE ASSISTANT STATE TAX OFFICER AND OTHERS
(Kerala High Court)

Hon'ble Judges:

A.K.JAYASANKARAN NAMBIAR

Pet. Counsel

P.n.damodaran Namboodiri

Hrithwik D. Namboothiri

Res. Counsel

Thushara James

Petitioner / Applicant	ASHARAF ALI. K.H
Respondent	THE ASSISTANT STATE TAX OFFICER AND OTHERS
Court	Kerala High Court
State	Kerala
Date	Oct 13, 2020
Order No.	WP (C). No. 21582 OF 2020 (W)
Citation	2020(10) TAXREPLY 3417
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ORDER
The petitioner has approached this Court aggrieved by Ext.P7 notice of detention served on him. In the writ petition, it is the case of the petitioner that in purported exercise of the powers under Section 129 of the Goods and Service Tax Act, ('the GST Act' for short), the respondents have detained a consignment of goods being transported at his instance, on the ground that there was a mis-classifications of the goods transported. It is his contention in the writ petition that the alleged mis-classification of the goods cannot be a reason for detaining the consignment under Section 129 of the GST Act. 2. I have heard the learned counsel appearing for the petitioner and also the learned Government Pleader appearing for the respondents. 3. On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, I find force in the contention of the learned counsel for the petitioner that the allegation of mis-classification of goods c....