E-way Bill Date wrongly declared , Seized goods to be released on furnishing security other than cash or bank guarantee: HC

By | June 21, 2018
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(Last Updated On: June 21, 2018)

HIGH COURT OF ALLAHABAD

Pragati Enterprises

v.

State of U.P.

BHARATI SAPRU AND NEERAJ TIWARI, JJ.

WRIT TAX NO. 25 OF 2018

JANUARY  12, 2018

Murari Mohan Rai for the Petitioner.

ORDER

1. We have heard Shri M.M. Rai, learned counsel for the petitioner and Shri C.B. Tripathi, learned Standing Counsel for the respondent.

2. Learned Standing Counsel has received instruction that no penalty order has been passed against the petitioner. The petitioner has sought to quash the seizure order dated 05.01.2018 which has been passed against the petitioner on the allegation that there was some wrong declaration on the date in the E-way Bill. The petitioner states that it had been written down inadvertently. Other than that no other allegation has been made against the petitioner.

3. In these circumstances, the goods and vehicle of the petitioner may be released forthwith subject to deposit of security other than cash or bank guarantee, equal to the amount of tax payable on goods, to the satisfaction of the Assessing Authority.

4. The writ petition is accordingly disposed of.

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