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STAR ENTERPRISE vs. STATE OF GUJARAT
(Gujarat High Court)

Hon'ble Judges:

SONIA GOKANI
RAJENDRA M. SAREEN
Pet. Counsel
Ashutosh S Dave
Jigar G Gadhavi
Res. Counsel
---

Petitioner / Applicant

STAR ENTERPRISE

Respondent STATE OF GUJARAT
Court Gujarat High Court
State

Gujrat

Date Sep 23, 2021
Order No.

R/SPECIAL CIVIL APPLICATION NO. 14290 of 2021

Citation

2021(9) TAXREPLY 4719

Original Order
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ORDER

1. The petitioner, which is a proprietorship firm, received order for purchase of arecanut from a buyer in New Delhi. The petitioner appointed transporter for such transportation. It was specifically conveyed to the transporter that movement of goods was to be commenced only after both tax invoice as well as e-way bill were given to the driver. 2. It is his say that the area of the petitioner was facing intermittent network outages and therefore, the petitioner could not generate immediately generate e-way bill from the portal. The transporter, being in a hurry to complete the task assigned and as goods had already been loaded onto the vehicle, commenced movement of goods without waiting for e-way bill to be generated and given by the petitioner. 3. The truck with the goods was intercepted by the 2nd respondent authority. The driver duly produced tax invoice as well as transport receipt. 4. According to the petitioner, there was no discrepancy found in the quantity as pe....

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