Malabar Steel Industries vs. The Asst. State Tax Officer State Gst Department, Karukutty
(Kerala High Court, Kerala)

Case Law
Petitioner / Applicant
Malabar Steel Industries
Respondent
The Asst. State Tax Officer State Gst Department, Karukutty
Court
Kerala High Court
State
Kerala
Date
Oct 11, 2018
Order No.
WP(C). No. 33178 of 2018
TR Citation
2018 (10) TR 2861
Related HSN Chapter/s
N/A
Related HSN Code
N/A

ORDER

The petitioner, a dealer under the CSGST Act, sold goods as seen from Ext.P1 invoice. The vehicle and the goods were detained because the validity of the Ext.P2 e-way bill expired and the invoice number was allegedly manipulated. Aggrieved, the petitioner filed this writ petition.

2. In the writ petition, the petitioner sought the following reliefs:

“(i) To issue a writ of certiorari to quash Ext.P3, P3(A) and Ext.P5 notices and P4 order issued by the respondent u/s 129 (1) of the CGST and SGST Act.

(ii) To grant such other relief as this Hon’ble Court may deem fit and proper to grant in the circumstances of the case.”

3. The learned Division Bench of this Court in Renji Lal Damodaran Vs. State Tax Officer1 dealt with an identical issue.

4. Applying the ratio of that judgment, I direct the respondent authorities to release the petitioner’s goods and vehicle on his “furnishing Bank Guarantee for tax and penalty found due and a bond for the value of goods in the form as prescribed under Rule 140(1) of the CGST Rules”.

With the above direction I dispose of the writ petition.

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