1986 (8) TMI 427 - HC - VAT and Sales Tax

Summary

Issues:
1. Seizure of goods at Srinagar Check Post due to missing documents.
2. Refusal by Assistant Commissioner to accept documents in representation under section 13-A(6) of the U.P. Sales Tax Act, 1948.
3. Interpretation of provisions under section 12-B of the Act.
4. Quashing of the impugned order and directions for reconsideration of representation.

Analysis:
The petitioner, engaged in transporting goods between states, had goods seized at Srinagar Check Post for lack of documents. A representation was made to the Assistant Commissioner under section 13-A(6) seeking permission to submit the missing documents, which were mistakenly left at another office. The Assistant Commissioner, without reason, refused to accept the documents, leading to the petitioner filing a writ petition. The Court noted that the Assistant Commissioner should have accepted the documents to verify their relevance to the consignment and determine if they were genuinely left at the other office. It was clarified that the Assistant Commissioner was not acting in an appellate capacity and should have considered the additional evidence as per section 12-B if the documents could not be produced at the check post due to the driver's error.

The Court held that the Assistant Commissioner's order was unsustainable and ordered its quashing. The Assistant Commissioner was directed to reconsider the representation after accepting and evaluating the documents. The decision on the relevance of the documents to the consignment was to be made by the Assistant Commissioner post their acceptance. Due to the perishable nature of the goods seized, the Assistant Commissioner was instructed to resolve the representation within a week from the receipt of the court's order. The petitioner's counsel was to be provided a copy of the order immediately upon payment.

In conclusion, the writ petition was allowed, and the impugned order was quashed. The Assistant Commissioner was mandated to review the petitioner's representation under section 13-A(6) afresh, considering the documents, and decide promptly on the matter.