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SRI MANI TRANSPORTS vs. THE STATE TAX OFFICER
(Madras High Court)

Hon'ble Judges:

M.SUNDAR
Pet. Counsel
R.senniappan
Res. Counsel
V.haribabu

Petitioner / Applicant

SRI MANI TRANSPORTS

Respondent THE STATE TAX OFFICER
Court Madras High Court
State

Tamilnadu

Date Aug 26, 2019
Order No.

W.P.No.23924 of 2019 And W.M.P.No.23774 of 2019

Citation

2019(8) TAXREPLY 1959
Original Order
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ORDER

ORDER Mr.R.Senniappan, learned counsel on record for writ petitioner and Mr.V.Haribabu, learned Additional Government Pleader, who has accepted notice on behalf of sole respondent, are before this Court. 2.A notice dated 30.07.2019 issued by the respondent under Section 68(3) of the 'Tamil Nadu Goods and Services Tax Act, 2017' ('TNGST Act' for brevity) has been called in question in the instant writ petition and the same shall hereinafter be referred to as 'impugned notice' for brevity. 3.Adverting to Section 129(1)(b) of TNGST Act, learned counsel for writ petitioner submitted that on payment of applicable tax and penalty equal to 50% of the value of the goods, if paid by the transporter (in cases where owner of the goods does not come forward for such tax and penalty) the vehicle and consignment ought to have been released, but in the instant case, under pain of detention, the respondent has collected the entire tax liability and learned counse....

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