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DHANASWAROOPDAS PROPRIETOR, MEGHA MARKETING vs. ASSISTANT STATE TAX OFFICER, STATE TAX OFFICER, STATE ASSISTANT COMMISSIONER, STATE COMMISSIONER OF GOODS AND SERVICE TAX AND GOVERNMENT OF INDIA
(Kerala High Court)

Hon'ble Judges:

A.K.JAYASANKARAN NAMBIAR
Pet. Counsel
Tomson T.emmanuel
Res. Counsel
Shamsudheen.v.k
Sreelal N. Warrier

Petitioner / Applicant

DHANASWAROOPDAS PROPRIETOR, MEGHA MARKETING
Respondent ASSISTANT STATE TAX OFFICER, STATE TAX OFFICER, STATE ASSISTANT COMMISSIONER, STATE COMMISSIONER OF GOODS AND SERVICE TAX AND GOVERNMENT OF INDIA
Court Kerala High Court
State

Kerala

Date Sep 18, 2017
Order No.

W.P.(C). No. 29675 of 2017

Citation

2017(9) TAXREPLY 3045
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ORDER

The petitioner has approached this Court aggrieved by a detention, of goods that were being transported at his instance, by the authorities under the Central Goods and Services Tax Act (CGST) and State Goods and Services Tax Act (SGST). In the writ petition, it is the case of the petitioner that the detention as evidenced by Ext.P3 was on the ground that the consignment of goods that was being transported was not accompanied by the necessary declaration in Form KER I, which was mandated for supplies effected in the State. The learned counsel for the petitioner would submit that he had entrusted the goods to a transporter and the transporter was obliged to file a declaration in Form KER II, and inasmuch the respondents had not enabled the generation of a KER II declaration in the website, it was impossible for the transporter to download the KER II declaration electronically and it was under those circumstances that the detention was necessitated. It is his case that the petitioner c....

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