Vanrajbhai Hasmukhbhai Chauhan Versus State of Gujarat
GST
2018 (8) TMI 1376 – GUJARAT HIGH COURT – TMI
GUJARAT HIGH COURT – HC
Dated:- 30-7-2018
R/Special Civil Application No. 11383 of 2018
GST
MR. M.R. SHAH AND MR. A.Y. KOGJE JJ.
Appearance:
MS SANDHYA D NATANI (3678) for the PETITIONER(s) No. 1 for the RESPONDENT(s) No. 1
MR PRANAV DAVE, AGP for the RESPONDENTS
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE M.R. SHAH)
Draft amendment allowed.
2. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, direction or order directing the respondents to release Truck No. GJ-03-AZ-6473 along with goods therein.
3. When initially the petition was fi
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the petitioner is a habitual offender and is in habit of transporting goods without e-way bill and similar modus operandi is adopted to pay tax, the moment he is caught. It is submitted that there are 10 instances wherein the petitioner is caught without e-way bill and therefore, the petitioner is habitual defaulter and tax evader.
5. No so far as challenge to the final order passed under Section 129(3) of the Act is concerned, it is submitted that the said order is appealable and therefore, the present petition challenging the final order under Section 129(3) of the Act may not be entertained.
6. Now so far as challenge to the final order under Section 129(3) of the Act is concerned, it is submitted by Ms. Sandhya Natani, learned Advocat
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