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MOHAMMED SHEREEF vs. THE STATE OF KERALA AND OTHERS
(Kerala High Court)

Hon'ble Judges:

A.K.JAYASANKARAN NAMBIAR

Pet. Counsel

K.p.pradeep

Hareesh M.r.

T.t.biju

Res. Counsel

Thushara James

Petitioner / Applicant	MOHAMMED SHEREEF
Respondent	THE STATE OF KERALA AND OTHERS
Court	Kerala High Court
State	Kerala
Date	Nov 2, 2020
Order No.	WP(C). No. 23397 of 2020(Y)
Citation	2020(11) TAXREPLY 3482
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ORDER
The petitioner, who is a purchaser of fresh turmeric from an agriculturist in Karnataka, has approached this Court aggrieved by a detention of the consignment, while in transit, at Muthanga in Wayanad. In the writ petition it is the case of the petitioner that, the consignment in question was being transported under cover of an invoice (Ext.P3) generated by the petitioner in his capacity as purchaser of the goods, which showed the goods as attracting tax on reverse charge basis, and Ext.P5 e-way bill that was also generated by the petitioner,which showed the consignment as comprising of goods that were exempted from tax in as much as they fell under HSN code 910. The vehicle and the goods were detained, and Ext.P10 notice in FORM GST MOV-7 was issued to the petitioner wherein the objection was essentially with regard to the non-registration of the person making the interstate supply, as also the fact that the purchase bill issued by the petitioner was not a valid document for the pu....