Orson Holdings Company Ltd. v. Union of India

Date: January 18, 2023

Court: High Court
Bench: Gujarat
Type: Special Civil Application
Judge(s)/Member(s): Ms. Sonia Gokani and Sandeep N. Bhatt
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Subject Matter

No penalty u/s 129(3) is applicable as the assessee did not have intention to use expired e-way bill

Search, Seizure and DetentionE-Way Bill

Summary

Goods and vehicle were detained on ground that e-way bill had expired. Petitioner had deposited tax and penalty demanded in notice issued under Section 129(3)  HELD BY HC: Place of delivery was in Gujarat and company was situated in West Bengal…

At the time of issuance of notice on 7-12-2018 in this petition which is filed under Article 226 of the Constitution of India, this Court has passed the following order: "1.   This petition challenges the constitutional validity of rule 138(10) of the Central Goods and Services Tax Rules, 2017/Gujarat Goods and Services Tax Rules, 2017 as being unconstitutional and violative of Articles…

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