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SOMNATH CORPORATION AND OTHER vs. STATE OF RAJASTHAN AND OTHERS
(Rajasthan High Court)

Hon'ble Judges:

AKIL KURESHI
SUDESH BANSAL
Pet. Counsel
Manish Lawaniya
Manish Parihar
Res. Counsel
Punit Singhvi
Ayush Singh

Petitioner / Applicant

SOMNATH CORPORATION AND OTHER
Respondent STATE OF RAJASTHAN AND OTHERS
Court Rajasthan High Court
State

Rajasthan

Date Feb 11, 2022
Order No.

D.B. Civil Writ Petition No. 1558/2022

Citation

2022(2) TAXREPLY 5442
Original Order
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ORDER

1. The petitioner has prayed for quashing a notice dated 21.01.2022 and the order of detention of the transport truck with goods which was done by the State GST authorities. The case of the petitioner is that a consignment of cumin seeds originating from Gujarat was in transit through a State, final destination being in Uttar Pradesh. It was intercepted by the GST authorities at Jaipur on the ground that driver of the vehicle did not carry valid document. The petitioner was issued a show cause notice and the goods along with vehicle have been seized, hence the petition. 2. In our opinion subject to the assessment, the vehicle and the goods should be released on certain conditions which power in any case the respondents have under the State GST Act. At the very best the expectation of the department could be to tax the goods and impose maximum possible penalty. As long as these amounts are secured, no purpose would be served in taxing the goods in the vehicle. The goods are peris....

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