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MIDAS ELECTRICALS PVT. LTD. vs. THE STATE TAX OFFICER (INTELLIGENCE) AND OTHERS
(Kerala High Court)

Hon'ble Judges:

A.K. JAYASANKARAN NAMBIAR

Pet. Counsel

S.jathin Das

Res. Counsel

Thushara James

Petitioner / Applicant	MIDAS ELECTRICALS PVT. LTD.
Respondent	THE STATE TAX OFFICER (INTELLIGENCE) AND OTHERS
Court	Kerala High Court
State	Kerala
Date	Oct 16, 2020
Order No.	WP(C).No. 21961 of 2020(U)
Citation	2020(10) TAXREPLY 3836
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ORDER
The petitioner has approached this Court aggrieved by a detention of goods that were being transported, at his instance. A perusal of Ext.P3 order of detention in FORM GST MOV 6 reveals that the transportation in question was not accompanied by a valid e-way bill. Under the said circumstances, I find that the detention at the instance of the respondents cannot be said to be unjustified. The learned Government Pleader would submit, on instructions, that the amount found due and payable by the petitioner in the order passed under FORM GST MOV -7 is ₹ 2,95,560/-. Taking note of the said submission, I direct that if the petitioner furnishes a bank guarantee for the said amount, then the respondent shall permit the petitioner to clear the goods and the vehicle. The respondent shall thereafter, proceed to pass the final order under Section 129(3) in FORM GST MOV- 9 The learned Government Pleader shall communicate the gist of this order to the respondent for facilitating an early....