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2018 Supreme(All) 1443

SUDHIR AGARWAL, IFAQAT ALI KHAN
GODREJ AND BOYCE MANUFACTURING CO. LTD. – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Praveen Kumar, Atul Gupta, Utkarsh Malviya, Nishant Mishra, Bipin Kumar Pandey, Aditya Pandey, Ritvik Upadhya, Vinod Kumar Upadhya,Vipin Kumar Kushwaha, Tanmay Sadh for the Petitioner; C.S.C., A.S.G.I., Vaibhav Tripathi, Anant Kumar Tiwari for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—In all these writ petitions seizure orders and notices issued under Sections 129 (1) and (3), respectively, by various authorities, mainly on the ground that E-Way Bill-01 under U.P. Goods and Service Tax Act 2017 (hereinafter referred to as U.P.G.S.T ACT) read with Integrated Goods and Services Tax Act 2017 (hereinafter referred to as I.G.S.T. Act 2017) and Rules framed thereunder were not accompanied by Transporters when goods were intercepted within State of U.P. during Intra State or Inter State transportation, have been challenged on the ground that there is no requirement of accompanying said E-Way Bill; provisions of Provincial Statute cannot override provisions of Central Statue and, in any case, omission is only indeliberate and unintentional.

(I) Writ Tax No. 587 of 2018

2. This writ petition under Article 226 of Constitution of India has been filed challenging order dated 21st March 2018 passed by Assistant Commissioner, State Commercial Tax, Mobile Squad, Unit-I, Shamli in purported exercise of powers under Section 129 (1) of UPGST


























































































































































































































































































































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