M/S. ABHAY TRADERS Vs. STATE OF U.P. AND 3 OTHERS
LAWS(ALL)-2018-6-26
HIGH COURT OF ALLAHABAD
Decided on June 08,2018

M/S. Abhay Traders Appellant
VERSUS
State of U.P. and 3 Others Respondents

JUDGEMENT

- (1.) The goods of the petitioner in transportation along with the vehicle was seized under Section 129 of the Uttar Pradesh Goods and Services Tax Act, 2017 on 02.06.2018 for the reason that they were not accompanied by the E-way bill.
(2.) The submission of learned counsel for the petitioner is that as the site was not operative, the bill could not be generated but subsequently the E-way bill was downloaded on 03.06.2018 at 11.18 a.m. and was produced before the authorities. There was no intention to evade any tax to permit seizure.
(3.) Learned Standing Counsel appearing for the respondents may file counter affidavit within a month. Two weeks thereafter are allowed to the petitioner for filing rejoinder affidavit.;


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