High Court of Jammu & Kashmir and Ladakh
Danish Hassan v. UT of J&K
WP(C) NO. 2538 OF 2024
The ruling in brief
Where goods and conveyance were detained under Section 129 and notice was served beyond mandated seven-day period from date of detention, such delay violated strict statutory requirement, vitiating entire penalty proceedings and resulting in setting aside of all consequent orders, even if delay was of only one day, as timely issuance protected primary rights against prolonged detention
Provisions considered
Section 129 of Central Goods and Services Tax Act, 2017/Jammu and Kashmir Goods and Services Tax Act, 2017
This summary is for general information and is not legal advice. Read the full decision and the applicable law before relying on it.