Dhanaswaroopdas vs. Assistant State Tax Officer

WP(C)/29675/2017HC KeralaGSTCNR KLHC01077620201718 September 2017Bench: HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR6 pages
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Held

The Court directed the Assistant State Tax Officer to complete the adjudication process within one week, considering the petitioner's contentions regarding the non-availability of Form KER II and the submission of a manual declaration.

Facts

The petitioner's goods were detained because the consignment was allegedly not accompanied by the necessary declaration in Form KER I. The petitioner argued that the transporter was supposed to file Form KER II, but the website did not enable its generation, and a manual KER II was submitted at the check post.

Key Issues

Whether the detention of goods was justified given the alleged technical issues with online form generation and the submission of a manual declaration. The court did not rule on the vires of statutory rules.

Sections Cited

Section 129

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 18TH DAY OF SEPTEMBER 2017/27TH BHADRA, 1939 WP(C).No. 29675 of 2017 (H) ---------------------------- PETITIONER: ------------- DHANASWAROOPDAS PROPRIETOR, M/S.MEGHA MARKETING, CC 69/1738A, SEMETHERI MUKKU, CHITTOOR ROAD, COCHIN 682 018, ERNAKULAM DISTRICT

BY ADV. SRI.TOMSON T.EMMANUEL RESPONDENT(S): ------------------------- 1. ASSISTANT STATE TAX OFFICER, STATE GOODS & SERVICE TAX DEPARTMENT, SQUAD NO. VI, FACILITATION CENTRE, ELOOR 683 501. 2. STATE TAX OFFICER, STATE GOODS & SERVICE TAX DEPARTMENT, SQUAD NO. VI, FACILITATION CENTRE, ELOOR 683 501. 3. STATE ASSISTANT COMMISSIONER, STATE GOODS & SERVICE TAX DEPARTMENT, SPECIAL CIRCLE -I, ERNAKULAM, COCHIN 682 015. 4. STATE COMMISSIONER OF GOODS AND SERVICE TAX, STATE GOODS & SERVICE TAX DEPARTMENT, TAX TOWER, KARAMANA PO, THIRUVANANTHAPURAM 695 033. 5. GOVERNMENT OF INDIA, DEPARTMENT OF REVENUE, CENTRAL BOARD OF EXCISE AND CUSTOMS, NEW DELHI 110 001, REP. BY ITS SECRETARY TO GOVERNMENT, MINISTRY

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