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2018 Supreme(Ker) 909

K.VINOD CHANDRAN, ASHOK MENON
Kun Motor Co. Pvt. Ltd. – Appellant
Versus
Asst. State Tax Officer, Squad No. Iii – Respondent


Advocates Appeared:
For the Petitioners: Advs., Harisankar V. Menon, Krishna. K, Meera V. Menon
For the Respondents: Sri. CE. Unnikrishnan SPL. G.P.

JUDGMENT :

VINOD CHANDRAN, J.

1. The issue arises as to whether the omission to upload e-way bill with respect to the transport of a car purchased in Puthuchery, by a person normally residing in Thiruvananthapuram, attracts Section 129 of the Kerala State Goods and Services Tax Act, 2017 (KSG&ST Act for brevity). The impugned judgment found that there should be an adjudication carried on and refused release of the vehicle. In appeal, at the admission stage, we prima facie found that there is no requirement for detaining the vehicle for reason of there being no mandate to upload an e-way bill when the transport is of used personal effects coming within the description of “used personal and household effects” as found in the Annexure, exempted by sub-rule (14) of Rule 138 of the Kerala Goods and Services Tax Rules, 2017 (KG&ST Rules hereafter); which a used car would be. The State at that stage sought for time to file a counter affidavit since the dismissal of the writ petition was at the admission stage itself.

2. A counter affidavit has been filed and we have heard Sri. Harishankar V Menon on behalf of the appellants and Sri C. E. Unnikrishnan, the learned Special Government Pleader (















































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