2005 (8) TMI 369 - SC - VAT and Sales Tax

Whether the goods were formally released to the appellant or not? Held that - Appeal allowed. It is however, nobody s case that the total of the two invoices did not tally with the number of bags in fact found on the truck. No material has been brought on record by the respondents to show that the value of the gambier as on the date of transport was less than that shown on the invoices except for the unsupported estimate of the TTO that the gambier was worth ₹ 20 lakhs. The appellant in any event was not concerned with any intra-State sale that the purchaser might have effected after the delivery. As far as it was concerned, the sale was an inter-State one and subject to the Central Sales Tax Act, 1956, and therefore, outside the purview of the State Act. Direct the respondents to forthwith pay the entire sale proceeds from the sale of the gambier to the appellant by a demand draft in the name of the appellant within a period of four weeks from today. If the payment is not made within the time aforesaid, the respondents would be liable to pay interest on the sale price proceeds at the rate of 12 per cent per annum

Summary

Issues Involved:
1. Detention and seizure of goods.
2. Ownership of the goods.
3. Compliance with procedural requirements.
4. Legality of the re-seizure order.
5. Release of goods and subsequent attachment.
6. Validity of the High Court's judgment.

Issue-wise Detailed Analysis:

1. Detention and Seizure of Goods:
The appellant's 400 bags of gambier were detained on August 19, 1989, at the Uttar Pradesh check-post due to discrepancies in the documents. The Trade Tax Officer-II (TTO-II) issued a show cause notice alleging that the appellant dealt in chemicals and solvents, the selling dealer's existence was doubtful, and the purchasing dealer was not authorized to trade in gambier. The goods were detained under Section 28-A of the U.P. Trade Tax Act, 1948.

2. Ownership of the Goods:
The appellant argued that the title to the goods had not passed to the consignee, as concluded by the Sales Tax Tribunal on March 31, 2000. The Tribunal found the appellant to be the owner of the gambier since delivery was not complete. This decision was not challenged by the respondents, thus concluding the issue of ownership in favor of the appellant.

3. Compliance with Procedural Requirements:
The appellant was not served a copy of the show cause notice, and an application for an extension to reply was submitted. Despite this, the TTO-II seized the goods on September 11, 1999, citing bogus bills and doubtful entries in the appellant's account books. The release of the gambier was permitted upon a deposit of Rs. 8 lakhs.

4. Legality of the Re-seizure Order:
The appellant's application for release of goods under Section 13-A(6) was rejected by the Assistant Commissioner on October 21, 1999, based on the TTO-II's inquiry. The High Court dismissed the appellant's writ petition, concluding that the title had passed to the purchaser. However, the Supreme Court found this conclusion incorrect, citing the Trade Tax Tribunal's unchallenged decision that the appellant was the owner.

5. Release of Goods and Subsequent Attachment:
The Sales Tax Tribunal directed the release of the goods to the appellant upon furnishing security of Rs. 4 lakhs. The High Court, by an interim order, also directed the release of goods. Despite this, the goods were not physically delivered to the appellant. Subsequently, the TTO attached the gambier on November 4, 2000, for recovery of arrears against the purchaser, claiming the goods had been released to M/s. Kamakhya Lime Industries.

6. Validity of the High Court's Judgment:
The Supreme Court found the High Court's dismissal of the appellant's petition erroneous. The High Court failed to consider the Tribunal's decision on ownership and incorrectly concluded that the title had passed to the purchaser. The Supreme Court emphasized that the respondents' actions were unjustified and directed them to pay the sale proceeds of the gambier to the appellant.

Conclusion:
The appeal was allowed, and the respondents were directed to pay the entire sale proceeds of the gambier to the appellant within four weeks, failing which they would be liable to pay interest at the rate of 12% per annum. The Supreme Court's decision underscored the appellant's ownership and the respondents' failure to comply with procedural requirements and legal directives.