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RAJESH SINGH CHAUHAN, SHREE PRAKASH SINGH
Bahubali Trading Co. – Appellant
Versus
Commissioner of State Tax Lko. – Respondent
| Table of Content |
|---|
| 1. petitioners seek judicial relief against tax order. (Para 1 , 2 , 3) |
| 2. arguments regarding goods detention and prima-facie case. (Para 4 , 5 , 6) |
| 3. directions for provisional release application. (Para 7 , 8) |
| 4. petition disposed with observations. (Para 9) |
JUDGMENT
Supplementary Affidavit filed by the petitioners is taken on record.
2. Heard Sri Pradeep Agrawal, learned Senior Counsel assisted by Sri Pramod Kumar Singh, learned counsel for the petitioners and Sri Pankaj Patel, learned Standing Counsel for the opposite parties.
3. By means of instant petition, the petitioners have prayed for the following reliefs :-
Natural justice requirements necessitate notice to affected parties; however, notice to the driver suffices, supporting reliance on alternative statutory remedies for contesting orders.
The main legal point established in the judgment is that the impugned retention of the vehicle was invalid due to the gross contravention of the statutory provisions under Section 129 of the Central ....
Writ courts should not interfere in disputed factual matters and must allow parties to pursue alternative remedies before tax authorities.
The central legal point established is that penalty should not be imposed for minor discrepancies in the E-way bill, as clarified by the circular.
The illegal detention of goods without a prior order under GST law constitutes grounds for judicial review.
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