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V.E. COMMERCIAL VEHICLES LTD. vs. UNION OF INDIA, STATE OF KERALA, COMMISSIONER OF COMMERCIAL TAXES, TAX THIRUVANANTHAPURAM STATE TAX OFFICER (INTELLIGENCE) , ASSISTANT STATE TAX OFFICER
(Kerala High Court)

Hon'ble Judges:

C.K.ABDUL REHIM
R. NARAYANA PISHARADI
Pet. Counsel
A.kumar
Ajay V.anand
P.j.anilkumar
Res. Counsel
Mohammed Rafiq
R.prasanth Kumar

Petitioner / Applicant

V.E. COMMERCIAL VEHICLES LTD.

Respondent UNION OF INDIA, STATE OF KERALA, COMMISSIONER OF COMMERCIAL TAXES, TAX THIRUVANANTHAPURAM STATE TAX OFFICER (INTELLIGENCE) , ASSISTANT STATE TAX OFFICER
Court Kerala High Court
State

Kerala

Date Aug 2, 2019
Order No.

WA.No.1703 of 2019

Citation

2019(8) TAXREPLY 2036
Original Order
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ORDER

The petitioner in W.P (C) No.14719/2019 is challenging the interim order passed by the Single Judge, dated 29th May, 2019. The respondents herein are the respondents in the writ petition. 2. The appellant challenged validity of Section 129 of the Central Goods and Services Tax Act, 2017 (CGST Act for short), to the extent it provides imposition of tax and penalty in the manner as set out therein, in cases where there are only mere technical breaches or contraventions of the provisions of the Act and where there is no evasion of tax, the above said provision was challenged as illegal and violative of Article 14 and 300 A of the Constitution of India. Inter alia, the appellant challenged Ext.P11 notice issued requiring them to appear for an adjudication proceedings initiated under Section 129 (1) of the CGST Act based on interception of goods transported and Ext.P4 notice issued. Evidently, the appellant sought for an interim relief in the writ petition to direct the respondents n....

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