2012 (9) TMI 892 - HC - VAT and Sales Tax

Seizure orders - Inquiry procedure - Bogus documents - Held that - At this stage cannot make any observations with regard to the validity of the documents. While it is true that when the documents accompany the goods with a duly filled in transit declaration form there is presumption of the validity of the movement and that such presumption cannot be easily rebutted by the trade tax authorities; at this stage however only a show-cause notice has been issued to the petitioner. It is always open to the petitioner to satisfy the Assistant Commissioner and the competent authority about the validity of the documents and genuineness of transaction and movement. Do not find that the nature of goods are such that they can be levelled as perishable goods. In any case the Assistant Commissioner (Incharge) Commercial Tax Mobile Squad Unit-III Mathura-respondent No. 3 will if the petitioner puts in appearance before him and file sufficient proofs decide the matter as expeditiously as possible and preferably within a week provided the petitioners cooperates.

Issues:
1. Show-cause notice issued under section 50 of the U.P. Value Added Tax Act, 2008 regarding seizure of goods due to alleged discrepancies in accompanying documents.
2. Dispute over the genuineness of documents and transit declaration form for goods in transit.
3. Power of detention by commercial tax authorities for verification of documents and potential misuse of authority.
4. Arguments regarding the presumption of validity of movement based on accompanying documents.
5. Allegations of documents being forged and goods being transported on bogus documents.
6. Concerns over potential financial loss due to delay in release of goods and readiness to furnish security.
7. Examination of documents by Assistant Commissioner and doubts raised over their genuineness.
8. Presumption of validity of movement based on accompanying documents and the ability to rebut such presumption.
9. Nature of goods in question and the timeline for decision-making by the competent authority.
10. Disposal of the writ petition with observations made without commenting on the merit of the matter.

Analysis:
1. The judgment addresses a show-cause notice issued under section 50 of the U.P. Value Added Tax Act, 2008, regarding potential seizure of goods due to discrepancies in accompanying documents. The petitioners, a transporter and drivers of the vehicles, are aggrieved by the notice alleging discrepancies and potential forgery in the transit declaration form.

2. The dispute revolves around the genuineness of the documents and transit declaration form for goods in transit from Jalandhar to Raipur through U.P. The petitioners argue that the documents are genuine and complete, while the Assistant Commissioner has raised doubts over their validity, leading to the initiation of the show-cause notice.

3. There are concerns raised regarding the power of detention by commercial tax authorities for verification of documents and the potential misuse of such authority. The petitioners argue against the illegal exercise of power under section 58 without proper authority and highlight the need to prevent any mala fide use of such powers.

4. The arguments presented include the presumption of validity of movement based on accompanying documents and the petitioners' reliance on previous judgments to support their claim. The petitioners stress the importance of the accompanying documents and transit declaration form in establishing the legitimacy of the goods' movement.

5. Allegations of transporting goods on bogus documents and concerns over potential financial loss due to delays in releasing the goods are raised. The petitioners express readiness to furnish security other than cash and bank guarantee for the release of goods and emphasize the perishable nature of the goods in question.

6. The judgment examines the Assistant Commissioner's doubts over the genuineness of the documents, including discrepancies in signatures and details on the transit declaration form. The Assistant Commissioner has prima facie found the documents to be bogus, leading to the issuance of the show-cause notice.

7. Despite the presumption of validity of movement based on accompanying documents, the judgment refrains from making observations on the validity of the documents at this stage. The petitioners are advised to cooperate and provide sufficient proofs to satisfy the Assistant Commissioner and the competent authority regarding the genuineness of the transaction and movement.

8. The nature of the goods in question is discussed, with the judgment noting that they may not be classified as perishable goods. The competent authority is expected to decide on the matter expeditiously, preferably within a week, provided the petitioners cooperate and provide necessary proofs.

9. The writ petition is disposed of with observations made, clarifying that no comments on the merit of the matter have been provided. The judgment emphasizes the need for the petitioners to engage with the Assistant Commissioner and the competent authority to address the concerns raised over the genuineness of the documents and the movement of goods.

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