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PARAMJEET SAINI vs. UNION OF INDIA & OTHERS
(Karnataka High Court)

Hon'ble Judges:

B. M. SHYAM PRASAD
Pet. Counsel
K. G. Kamatha
Res. Counsel
Swathi Panduranga
Hema Kumar

Petitioner / Applicant

PARAMJEET SAINI

Respondent UNION OF INDIA & OTHERS
Court Karnataka High Court
State

Karnataka

Date Jan 13, 2023
Order No.

W. P. No. 4997 of 2022 (T-RES).

Citation

2023(1) TAXREPLY 7509
Original Order
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ORDER

ORDER The petitioner has called in question the fifth respondent's confiscation order dated February 6, 2021 (annexure A1) under section 130 of the Karnataka Goods and Services tax Act, 2017. It is undisputed that the fifth respondent can consider the request for release of the vehicle only if there is adjudication on the petitioner's connivance in, or the knowledge of, the misuse of the registered vehicle. The petitioner is the registered owner who has made over the subject vehicle to a transporter. In similar circumstances, this court has granted leave to the concerned to file appropriate affidavit before the fifth respondent to place on record the circumstances that would belie any connivance by the petitioner in, or the petitioner's knowledge of, the misuse of the vehicle while calling upon the fifth respondent to pass suitable orders in the light of such affidavit. This court is of the considered view that the petitioner must be granted liberty to file s....

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