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2022 Supreme(Guj) 1621

SONIA GOKANI, MAUNA M. BHATT
Shree Govind Alloys Pvt. Ltd. – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Petitioner: Mr. Hemal Shah.
For the Respondent: Ms. Pooja Ashar.

ORDER :

[Sonia Gokani, J.]

1. Petitioner is a Private Limited Company. Petitioner No.2 is a transport authority, which is the name and style of “Shree Ram Road Carriers”.

2. It is before this Court seeking to question and challenge the authority of the respondent demanding the sum of Rs. 7,53,364/- as demand of tax and penalty dated 04.11.2022 under section 129(3) of the Central Goods & Services Tax Act, 2017 (“the Act” for short).

3. It is the grievance on the part of the petitioner that the truck had remained in non-motorable condition and thus, the goods which were to be delivered on or before 17.10.2022 could not be delivered in time and on 19.10.2022 at the time of inspection, because of the expiration of the e-Way bill number, it came to the notice of the officer that the entire truck along with the impugned goods has been seized. The petitioner has been issued GST Form MOV No.1,2,6 and 7 where he was called upon to remain present and eventually the order of 4.11.2022 was passed demanding the tax and penalty.

4. The petitioner has sought the following reliefs:

    “14 PRAYERS:-

The petitioner therefore prays to this Hon’ble Court to:

a) Your lordship may be pleased to issue appropria

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