2024 (11) TMI 577

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.... respondents have appeared in person. 2. Though the petition is listed today for preliminary hearing, with the consent of learned counsel for the respective parties, it is heard finally. 3. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the show cause notice in FORM GST MOV-07 dated: 20-2-2024 issued by the Assistant Commissioner of Commercial Taxes (Enforcement), Bidar - third respondent vide Annexure-G. 4. The brief facts are these: The petitioner Chelaram S/o.Dargaram.G is the Proprietor of M/s.New Basveshwar Traders, Shop No. 1-4-2012, Subhash Chowk, Near Railway Gate, Bhalki, Taluka Bhalki, District Bidar vide GSTIN: 29AUEPC1708P1ZG. It is said that one Dattatrya S/o.Kashinath Rao is Driver cum o....

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....ow cause notice that is called into question in this Writ Petition on several grounds as set-out in the Memorandum of Writ Petition. 5. Learned counsel for the petitioner and AAG for the respondents have urged several contentions. Sri. Sudhir Singh R. Vijapur., learned counsel for the petitioner in presenting his arguments strenuously urged that the petitioner is the owner of the goods and he has already submitted necessary documents for verification before the third respondent. He argued by saying that the petitioner is ready to pay applicable tax and penalty as per Section 129(1)(a) of the CGST Act, 2017. Hence, he submits that there is no inconvenient for the third respondent to release the seized goods and the vehicle. By way o....

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....r the goods in movement, went ahead and calculated the applicable tax and penalty under section 129(1)(b) of the CGST Act, 2017. 7. In view of the fact that the petitioner has come forward to pay the applicable tax and penalty under section 129(1)(a) of the CGST Act, 2017, the third respondent is hereby directed to calculate the applicable tax and penalty under Section 129(1)(a) of the CGST Act, 2017 within three days from the date of receipt of the certified copy of this order. Upon receipt of the applicable tax and penalty, the Assistant Commissioner of Commercial Taxes (Enforcement), Bidar is directed to release the seized goods and the vehicle bearing Registration No. KA-07-8529. Needless to observe that the Writ Petition is fi....