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SWAMINARAYAN TRADERS THROUGH SAVANBHAI MENPARA vs. STATE TAX OFFICER
(Gujarat High Court)

Hon'ble Judges:

J.B.PARDIWALA
A.C. RAO
Pet. Counsel
Jaimin R Dave
Res. Counsel
Maithili D. Mehta

Petitioner / Applicant

SWAMINARAYAN TRADERS THROUGH SAVANBHAI MENPARA
Respondent STATE TAX OFFICER
Court Gujarat High Court
State

Gujrat

Date Jun 11, 2019
Order No.

R/SPECIAL CIVIL APPLICATION NO. 9975 of 2019

Citation

2019(6) TAXREPLY 2171
Original Order
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ORDER

Let NOTICE be issued to the respondent returnable on 19th June, 2019. Ms. Maithili D. Mehta, the learned AGP waives service of notice for and on behalf of the respondent. Having heard the learned counsel appearing for the parties and having gone through the materials on record, we are of the view that the writ applicant has been able to make out a strong prima facie case to have some interim order in his favour at this stage. In the case on hand, a truck and a consignment of groundnut came to be seized by the authority concerned under the provisions of the GST Act. A notice dated 03.06.2019 came to be issued under Section 130 of the GST Act calling upon the writ applicant to show cause as to why the conveyance and the goods shall not be confiscated and appropriate penalty and fine be imposed. The issue with regard to the legality and validity of such notice under Section 130 of the Act being issued is looked into by this Court in allied matters. However, taking in....

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