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RAJASTHAN MARBLES vs. THE ASSISTANT STATE TAX OFFICER, STATE GST DEPARTMENT, KOCHI
(Kerala High Court)

Hon'ble Judges:

S.V.BHATTI
Pet. Counsel
Joseph Jerard Samson Rodrigues
Rovin Rodrigues
Res. Counsel
M.m. Jasmin

Petitioner / Applicant

RAJASTHAN MARBLES
Respondent THE ASSISTANT STATE TAX OFFICER, STATE GST DEPARTMENT, KOCHI
Court Kerala High Court
State

Kerala

Date Jul 11, 2019
Order No.

WP(C). No. 19001 of 2019

Citation

2019(7) TAXREPLY 2101
Original Order
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ORDER

The petitioner challenges Exts.P11 and P12 notices issued by the respondent as illegal and without jurisdiction. Ext.P11 is an order of detention made under Section 129 (1) of KGST Act, 2017 and Ext.P12 is a notice issued under Section 129 (3) of the Act. The petitioner contends that the subject matter of Exts.P11 and P12 is fully compliant with all the requirements of the Act and the petitioner was in a position to demonstrate within the time given by the authorities that Part B/E-Way Bill was also generated and produced for inspection. Therefore, the proceedings now initiated through Exts.P11 and P12 are not warranted and illegal. 2. The learned Government Pleader objects to the maintainability of the writ petition. Firstly, she contends that from the very admission made by the petitioner there is an omission or illegality in transportation of goods. The omission is that admittedly at the time of inspection or detention of goods the transporter could not produce all the docume....

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