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MAHARASHTRA SEAMLESS LIMITED vs. ASSISTANT STATE TAX OFFICER, THE STATE TAX OFFICER
(Kerala High Court)

Hon'ble Judges:

A.K.JAYASANKARAN NAMBIAR

Pet. Counsel

C.k.sreejith

Res. Counsel

Thushar Ajames

Petitioner / Applicant	MAHARASHTRA SEAMLESS LIMITED
Respondent	ASSISTANT STATE TAX OFFICER, THE STATE TAX OFFICER
Court	Kerala High Court
State	Kerala
Date	Oct 7, 2020
Order No.	WP(C). No. 21023 OF 2020(C)
Citation	2020(10) TAXREPLY 3394
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ORDER
The petitioner has approached this Court aggrieved by Ext.P8 notice and Ext.P9 order demanding tax and penalty under Section 129 of the GST Act. On a perusal of Ext.P8 notice and Ext.P9 order, it is seen that the detention of the vehicle was on the ground that the consignment was not accompanied by a valid e-way bill. I, therefore, find that the detention cannot be said to be unjustified. Taking note of the request of the petitioner for permission to clear the goods and the vehicle on furnishing a Bank guarantee, I dispose the writ petition with a direction to the respondents to permit the petitioner to clear the goods and the vehicle on furnishing a Bank guarantee for the amounts demanded in Ext.P9 order. The learned Government Pleader shall communicate the gist of this order to the respondents, so as to enable the petitioner to clear the goods and the vehicle on the terms aforementioned. The petitioner shall produce a copy of the writ petition together with a copy of this judgment....