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BOBBY O.S. vs. STATE OF KERALA
(Kerala High Court)

Hon'ble Judges:

S.V.BHATTI
Pet. Counsel
Shaji Thomas
Binu Paul
Jen Jaison
Res. Counsel
M.m. Jasmin

Petitioner / Applicant

BOBBY O.S.
Respondent STATE OF KERALA
Court Kerala High Court
State

Kerala

Date Feb 7, 2020
Order No.

WP(C).No. 3410 of 2020(A)

Citation

2020(2) TAXREPLY 3190
Original Order
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ORDER

The petitioner challenges Exts.P6 and P7 orders issued by the 2nd respondent as illegal and without jurisdiction. Ext.P6 is an order of detention made under Section 129 (1) of CGST Act, 2017 and Ext.P7 order of demand. The petitioner contends that the subject matter of Exts.P6 and P7 is fully compliant with all the requirements of the Act and the petitioner was in a position to demonstrate within the time given by the authorities that E-Way Bill was generated and produced for inspection. Therefore, the proceedings now initiated through Exts.P6 and P7 are not warranted and illegal. 2. The learned Government Pleader objects to the maintainability of the writ petition. Firstly, she contends that from the very admission made by the petitioner there is an omission or illegality in transportation of goods. The omission is that admittedly at the time of inspection or detention of goods the transporter could not produce all the documents required for establishing that the goods is under....

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