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Gujarat HC Clears Consignments Without GST E-way Bills

Gujarat HC Clears Goods Without GST e-way Bill

Gujarat High Court in its latest verdict commanded the GST department to release all the consignments that were seized for not carrying GST E-Way bill Get to know about GST E Way bill and its generating process through online and SMS in a simple manner. Also, we have attached original screenshots of official E way bill portal for better understanding. The act was merely the result of a wrong interpretation of section 130 of the GST Act.

The court was in the favor saying that to issue the notice of seizure under section 130 of the GST Act based on mere suspicion is not eligible for any action under section 130. The court said the same verdict for two such issues having a similar appeal.

The Issues Were:

In the hearing on Synergy Fertichem Pvt.Ltd V/s. The state of Gujarat, the court headed by Justices J.B. Pardiwala and A.C. Rao gave the verdict that “On the interpretation of Sections 129 and 130, the Court held that both the sections start with a non-obstante clause, yet, the harmonious reading of the two sections, keeping in mind the object and purpose behind the enactment thereof, would indicate that they are independent of each other.”. It was even discussed earlier that the Government needs to stress the provisions of both the sections (129 and 130 of CGST Act) so that there are no irregularities in the applicability of both the sets of provisions.

Disclaimer:- "All the information given is from credible and authentic resources and has been published after moderation. Any change in detail or information other than fact must be considered a human error. The blog we write is to provide updated information. You can raise any query on matters related to blog content. Also, note that we don’t provide any type of consultancy so we are sorry for being unable to reply to consultancy queries. Also, we do mention that our replies are solely on a practical basis and we advise you to cross verify with professional authorities for a fact check."

Published by Priya Nawani (Ex-Employee)
A workaholic by nature, Priya, likes to explore new things and is passionate about writing. She is a happy go lucky person and loves to chat. Being an internet freak, she likes to research over different topics and Pen them down with her own twist. Posted as a Content Writer at SAG Infotech, currently, she is into writing tax-related content with the aim to keep the viewers updated with the stirs of GST governance and amendments in tax laws. View more posts
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