M/S. Cam Windows vs. The Assistant State Tax Officer

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WP(C)/25086/2018HC KeralaGSTCNR KLHC01056673201826 July 2018Bench: HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU3 pages

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Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU THURSDAY, THE 26TH DAY OF JULY 2018 / 4TH SRAVANA, 1940 WP(C).No. 25086 of 2018 PETITIONER M/S. CAM WINDOWS, KOOVAPPADY, PERUMBAVOOR, REPRESENTED BY ITS MANAGING PARTNER SRI. JOSE KURIAN. BY ADVS.SRI.AJI V.DEV SMT.O.A.NURIYA SRI.ALAN PRIYADARSHI DEV RESPONDENT: 1. THE ASSISTANT STATE TAX OFFICER, (INTELLIGENCE) SQUAD NO. 1 S.G.S.T DEPARTMENT, MATTANCHERRY AT ALUVA 683501 2. THE STATE TAX OFFICER, (INTELLIGENCE) SQUAD NO. 1 S.G.S.T DEPARTMENT, MATTANCHERRY AT ALUVA 682 002. 3. THE COMMISSIOENR OF STATE TAX, STATE GOODS & SERVICE TAXES, TAX TOWER, KILLIPPALAM, KARAMANA P.O, THIRUVANANTHAPURAM 695 002. R BY GOVERNMENT PLEADER DR.THUSHARA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25086 of 2018 (I) APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1 A TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED TO THE PETITIONER UNDER THE GST LAW. EXHIBIT P2 A TRUE COPY OF THE INVOICE NUMBER 82 DATED 23-07-2018 ACCOMPANYING THE CONSIGNMENT EXHIBIT P2(A) A TRUE COPY OF THE INVOICE NUMBER 83 DATED 23-07-2018 ACCOMPANYING THE CONSIGNMENT EXHIBIT P2(B) A TRUE COPY OF THE INVOICE NUMBER 84 DATED 23-07-2018 ACCOMPANYING THE CONSIGNMENT EXHIBIT P3 A TRUE COPY OF THE E-WAY BILL NO. 581043577972 DATED 21-07-2018 GENERATED FOR TRANSPORTATION OF GOODS FROM KOOVAPADY TO PATTOM EXHIBIT P3(A) A TRUE COPY OF THE E-WAY BILL NO. 5410435855535 DATED 21-07-2018 GENERATED FOR TRANSPORTATION OF GOODS FROM KOOVAPADY TO VAZHUTHAADU. EXHIBIT P3(B) A TRUE COPY OF THE E-WAY BILL NO. 511043586500 DATED 21-07-2018 GENERATED FOR TRANSPORTATION OF GOODS FROM KOOVAPADY TO TRIVANDRUM EXHIBIT P4 A TRUE COPY OF FORM GST MOV-01 SO ISSUED, DATED 23-07-2018 EXHIBIT P4(A) A TRUE COPY OF FORM GST MOV -02 SO ISSUED BEARING NO. OR-17/GST/18-19 DATED 23-07-2018 EXHIBIT P4(B) A TRUE COPY OF FORM GST MOV-04 SO ISSUED BEARING NO. OR-17/GST/18-19 DATED 24-07-2018 EXHIBIT P4(C) A TRUE COPY OF FORM GST MOV-06 SO ISSUED BEARING NO. OR-17/GST/18-19 DATED 24-07-2018 EXHIBIT P4(D) A TRUE COPY OF FORM GST MOV-07 SO ISSUED BEARING NO. OR-17/GST/18-19 DATED 24-07-2018 EXHIBIT P4(E) A TRUE COPY OF FORM GST MOV-09 SO ISSUED BEARING NO. OR-17/GST/18-19 DATED 24-07-2018 css/ DAMA SESHADRI NAIDU, J. =========================================== W.P.(C). No. 25086 of 2018 ============================================ Dated this the 26th day of July, 2018

JUDGMENT

The petitioner, a registered dealer under the Central Goods & Service Tax Act, 2017 and State Goods & Service Tax Act, 2017 had his goods detained. After receiving Exts.P4 to P4(a) detention notices, he has filed this writ petition. Keeping aside the merits, the petitioner's counsel, as an interim arrangement, pleads that the authorities may release the goods on the petitioner's providing bank guarantee.

2.

The learned Government Pleader, on instructions, accepted this proposal.

3.

So, pending adjudication, the first respondent will release the detained goods on the petitioner's providing the bank guarantee for the amount covered by Ext.P4 series orders. The writ petition is disposed of as above. DAMA SESHADRI NAIDU JUDGE css/

Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.