2005 (3) TMI 734 - HC - VAT and Sales Tax

Summary

Issues:
Challenge to order of Tamil Nadu Taxation Special Tribunal regarding detention of goods; Alternative remedy available; Legal justification for detention; Release of goods under supervision.

Analysis:
The writ petition challenged an order passed by the Tamil Nadu Taxation Special Tribunal regarding the detention of goods belonging to an importer and exporter. The petitioner, acting as an agent for imported goods, faced detention of 15 pallets out of 77 by customs authorities upon a search of the clearing agent's godown. The Tribunal dismissed the petition citing the availability of an alternative remedy. Subsequently, the matter came before the High Court, which initially disposed of the petition with an observation on tax liability satisfaction. The case was then remitted to the High Court by the Supreme Court for disposal on merits.

In the High Court, the petitioner's counsel presented a previous order where goods were released due to lack of legal justification for the detention. Following this precedent, the High Court ordered the release of the goods to the petitioner, provided certain conditions were met. The petitioner was directed to remove the goods from the Port under supervision, give an undertaking not to sell in Tamil Nadu or through inter-State sales from Tamil Nadu, and furnish a bank guarantee of Rs. 2,00,000 for compliance. The State's expenses for ensuring the movement of goods were to be borne by the petitioner, and the movement could commence after fulfilling the conditions. The writ petition was allowed on these terms without costs.

The High Court's judgment focused on the lack of legal justification for the detention of goods and the subsequent release under specified conditions. The decision ensured compliance with terms to safeguard against unauthorized sale within Tamil Nadu or through inter-State transactions. The judgment balanced the interests of the petitioner and the State by outlining responsibilities and procedures for the release and movement of goods under supervision.