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C.P. MUHAMMED ANSARI vs. THE ASSISTANT STATE TAX OFFICER AND OTHERS
(Kerala High Court)

Hon'ble Judges:

ALEXANDER THOMAS
Pet. Counsel
C.k.sreejith
Res. Counsel
M.m.jasmine

Petitioner / Applicant

C.P. MUHAMMED ANSARI
Respondent THE ASSISTANT STATE TAX OFFICER AND OTHERS
Court Kerala High Court
State

Kerala

Date Feb 5, 2020
Order No.

WP(C).No.2999 OF 2020(Y)

Citation

2020(2) TAXREPLY 3297
Original Order
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ORDER

The facts set up in this W.P.(C.) are as follows : That the petitioner is an importer and exporter. The petitioner purchased imported raw cashew from MAC world Industries RHD-3-11 Block B, Philed Damansara, Malaysia. Vide Ext.P1 has paid IGST of ₹ 630769/- It is submitted that the original importer was M/s. St.Mary's Cashew Factory, Puthoor, Kollam. The goods were transported to Ernakulam at the Branch Officer of the petitioner concerned. While so, the dealer called M/s. St.Mary's Cashew Factory has agreed to purchase the goods after taking samples. Hence the vehicle was de-routed to Puthoor, Kollam. While so, the 1st respondent intercepted the vehicle and goods and notice u/s.129(1) of GST Act. As per the notice demanding a security amount of ₹ 1,07,719/-. It is submitted that there was no attempt of tax evasion. The goods were de-routed to Kollam as there was enquiry from M/s.St.Mary's Cashew Factory at Kollam. The petitioner has already paid IGST to the tune o....

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