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TaxReply India Pvt Ltd

Om Enterprises vs. Additional Commissioner, Grade - 2 (Appeal) And Another
(Allahabad High Court)


Petitioner (Applicant)

Om Enterprises

Respondent Additional Commissioner, Grade - 2 (Appeal) And Another
Court Allahabad High Court
State

Uttar Pradesh

Date Nov 13, 2025
Order No.

Writ Tax No. - 629 of 2023

Citation

2025(11) TAXREPLY 15027

Original Order
Hon'ble Judges

PIYUSH AGRAWAL, J.

Counsel for Petitioner

Mohit Kumar Shukla, Nipun Mohan, Tarun Agrawal

Counsel for Respondent

C.S.C.

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The court held that the impugned detention, seizure and penalty orders could not stand because the e-way bill for the consignment had been generated before interception (10:59 a.m. vs. detention at 11..... Subscribe to Read more


ORDER

ORDER HON'BLE PIYUSH AGRAWAL, J. 1. Heard Shri Rahul Krishna Agrawal, along with Shri Mohit Kumar Shukla, learned counsel for the petitioner and learned ACSC for the State - respondents. 2. The instant writ petition has been filed against the impugned order dated 03.12.2022 passed by the respondent no. 1 as well as the impugned order dated 21.12.2021 passed by the respondent no. 2. 3. Learned counsel for the petitioner submits that the petitioner is a trader of TMT iron bars. He further submits that the goods in question were dispatched from Bulandshahar for which tax invoice was generated on 21.12.2021, but the e-way bill could not be generated as there was some technical glitch, but the same was generated on 21.12.2021 at 10.59 a.m. He further submits that the goods in question were intercepted by the Mobile Squad and on inspection, e-way bill was not there. He further submits that the vehicle in question was intercepted at 11.29 a.m. and show cause notice was ....

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