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M.K. ENTERPRISES THRU' ITS PROP. MUKESH KUMAR vs. STATE OF U.P. & 3 OTHERS
(Allahabad High Court)

Hon'ble Judges:

BHARATI SAPRU
SAUMITRA DAYAL SINGH
Pet. Counsel
Suyash Agarwal
Res. Counsel
Gyan Narayan Kanaujiya

Petitioner / Applicant

M.K. ENTERPRISES THRU' ITS PROP. MUKESH KUMAR
Respondent STATE OF U.P. & 3 OTHERS
Court Allahabad High Court
State

Uttar Pradesh

Date Dec 1, 2017
Order No.

WRIT TAX No. - 771 of 2017

Citation

2017(12) TAXREPLY 3149
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ORDER

ORDER This writ petition has been filed by the petitioner to challenge the order dated 28.10.2017 passed under Section 129(1) U.P. GST Act (hereinafter referred to as the Act) and the penalty order dated 31.10.2017 passed under Section 129(3) of the Act. The petitioner claims to to transporting 'Panmasala' from Delhi to Dumka, Jharkhand. The goods were passing through State of U.P. being a transit State. On 27.10.2017 the goods were detained. At that stage only one reason was informed to the petitioner for detention being absence of Transit Declaration Form (TDF in short). The petitioner claims to have filed reply on 27.10.2017. Along with that reply a copy of it's invoice and other documents were annexed. It appears that at the stage of passing seizure order dated 28.10.2017, the seizing authority compared the IGST and compensation cess paid as disclosed in the Tax Invoice found accompanying the goods and as disclosed in the copy of the Tax Invoice filed by ....

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