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PEENYA INDUSTRIAL GASES (P) LTD vs. STATE OF KERALA & OTHERS
(Kerala High Court)

Hon'ble Judges:

GOPINATH P.
Pet. Counsel
Alias M.cherian
Minnu Darwin
K.m.raphy
Res. Counsel
Thushara James

Petitioner / Applicant

PEENYA INDUSTRIAL GASES (P) LTD

Respondent STATE OF KERALA & OTHERS
Court Kerala High Court
State

Kerala

Date Sep 3, 2024
Order No.

WP (C) NO. 43128 OF 2023

Citation

2024(9) TAXREPLY 11008

Original Order
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ORDER

JUDGMENT The petitioner supplies industrial gas (Acetylene) to Cochin Shipyard. The petitioner has approached this court being aggrieved by proceedings initiated against the petitioner under the provisions of Section 129 of the CGST / SGST Acts. A perusal of Ext.P12 will indicate that though the goods that were being transported by the petitioner came to be covered by 3 delivery notes and one E-Way bill, proceedings were initiated and concluded against the petitioner under Section 129 of the CGST / SGST Acts, by Ext.P17 order dated 06-08-2022 imposing on the petitioner a penalty of Rs.1,97,023/-. The petitioner filed an appeal against Ext.P17 before the First Appellate Authority. However, the said appeal was dismissed by Ext.P19 order. The petitioner, who could not file a second appeal on account of the fact that the Tribunal has not so far been constituted, has approached this court by filing this writ petition under Article 226 of the Constitution of India seeking the followin....

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