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NANCY TRADING COMPANY vs. STATE OF U.P. AND OTHERS
(Allahabad High Court)

Hon'ble Judges:

PIYUSH AGRAWAL
Pet. Counsel
Arjit Gupta
Manish Gupta
Naveen Chandra Gupta
Res. Counsel
C.s.c.

Petitioner / Applicant

NANCY TRADING COMPANY

Respondent STATE OF U.P. AND OTHERS
Court Allahabad High Court
State

Uttar Pradesh

Date Jul 15, 2024
Order No.

Writ Tax No. - 892 of 2023

Citation

2024(7) TAXREPLY 10303
Original Order
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ORDER

ORDER HON'BLE PIYUSH AGRAWAL, J. 1. Heard Sri N.C.Gupta, learned counsel for the petitioner and learned standing counsel for the respondents. 2. By means of the present writ petition the petitioner has prayed for issuing a direction for quashing the order dated 26.12.2022 passed by respondent no.4 by which penalty has been imposed as well as the appellate order dated 26.5.2023 passed by respondent no.3 confirming the order dated 26.12.2022. 3. Learned counsel for the petitioner submits that the goods in question were in transit along with tax invoice, GR's, E waybills. The said goods were detained on the ground that E Tax Invoice was not generated as per Rule 48 of the Goods and Services Tax Rules, 2017 (for short the Rules). He further submits that as per Rule 138A of the Rules there is no provision for carrying E Tax Invoice, hence it was not correct on the part of the authorities to seize the goods and pass the impugned orders against the petitioner. ....

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