2002 (9) TMI 807 - HC - VAT and Sales Tax

Issues Involved:
1. Estimation of the total value of goods.
2. Direction to deposit security on goods covered with trip sheet.
3. Direction to deposit security for goods found in excess.
4. Jurisdiction of Trade Tax Officer under rule 87(3).
5. Consideration of circumstances for the truck stopping at specific locations.
6. Applicability of section 28-A of the Act.
7. Direction to deposit cash security for the release of goods.

Issue-wise Detailed Analysis:

1. Estimation of the Total Value of Goods:
The Tribunal estimated the total value of the goods at Rs. 8,00,000, which included Rs. 5,50,000 for goods declared in the trip sheet and Rs. 2,50,000 for goods found in excess. This estimation was contested by the applicant, who argued that the value should be Rs. 5,77,271. The Tribunal's decision was based on the facts and circumstances of the case, including the discrepancies found during the physical verification of the goods.

2. Direction to Deposit Security on Goods Covered with Trip Sheet:
The Tribunal directed the applicant to deposit security on goods that were covered with the trip sheet. This decision was supported by the fact that the goods were not accompanied by proper and genuine documents, as evidenced by the discrepancies found during the inspection.

3. Direction to Deposit Security for Goods Found in Excess:
The Tribunal directed the applicant to deposit security equivalent to 15% of the value of Rs. 2,50,000 for the goods found in excess. The applicant's request for a modified trip sheet was rejected due to the lack of credible evidence supporting their explanation for the discrepancies.

4. Jurisdiction of Trade Tax Officer under Rule 87(3):
The applicant argued that the Trade Tax Officer, Mobile Squad, had no jurisdiction under rule 87(3) to check the goods covered with form XXXIV while in transit. However, the Tribunal found that the tax authorities were empowered to intercept and seize goods if they discovered that the transit pass was obtained on fraudulent misrepresentation and that the goods were intended for sale within the State.

5. Consideration of Circumstances for the Truck Stopping at Specific Locations:
The Tribunal did not accept the applicant's explanation for the truck stopping at Jatnibagh and North Vijay Colony, Agra. The explanations provided by the applicant were found to be contradictory and unsupported by evidence, leading to the conclusion that the goods were brought into the State with the intention to sell and evade tax.

6. Applicability of Section 28-A of the Act:
The Tribunal held that section 28-A of the Act was applicable in this case. The issuance of a transit pass in form No. XXXIV did not deprive the authorities of their power to seize the vehicle if they discovered that the transit pass was obtained on a fraudulent misrepresentation. The authorities were authorized to seize goods if they found that the goods were being transported for sale within the State.

7. Direction to Deposit Cash Security for the Release of Goods:
The Tribunal directed the applicant to deposit a cash security of Rs. 92,500 for the release of the goods. This decision was based on the findings that the goods were accompanied by false and bogus documents, and the seizure and demand for security were fully authorized by law.

Conclusion:
The Tribunal's decisions on all the issues were upheld, and both revisions were dismissed. The Tribunal's findings were based on the discrepancies found during the inspection, the lack of credible evidence provided by the applicant, and the legal provisions under the U.P. Trade Tax Act and Rules. The seizure of goods and the demand for security were found to be justified and authorized by law.

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