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GST - Highlights / Catch Notes

Home Highlights December 2024 Year 2024 This

Petitioner is owner of goods being transported as stock transfer ...


Stock transfer hiccup: Goods hauled despite e-way bill discrepancy, HC vindicates owner's rights.

December 24, 2024

Case Laws     GST     HC

Petitioner is owner of goods being transported as stock transfer from Orissa branch to Kanpur. HC held that when goods were intercepted, requisite documents under GST Act were accompanied and no discrepancy found regarding quantity, except in e-way bill transferee place was mentioned as Ghaziabad while in tax invoice it was Kanpur. As petitioner is consignor and consignee, being stock transfer, petitioner ought to have been treated as owner. Following SC judgment in Arviva Industries case and HC's own judgment in Riya Traders case, authorities were not justified in not recognizing petitioner as owner evident from record. Impugned orders quashed, petition allowed.

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