2014 (9) TMI 895 - HC - VAT and Sales Tax

Detention of goods - In Form KK, it was mentioned that the goods are moved to Hyderabad instead of Tirupur - Bonafide mistake - Held that - Court in series of writ petitions, directed the goods to be released on payment of the tax component. - Writ petition is disposed of with a direction to the respondent to release the goods on payment of the tax component in a sum of ₹ 56,696 - Decided conditionally in favour of assessee.

Summary

Issues:
Challenge to goods detention notice and release of goods due to a technical mistake in transportation details.

Analysis:
The petitioner, engaged in transportation, was transporting rice cookers from Chennai to Tirupur. However, the goods were intercepted and detained by the respondent due to a technical error in the transportation details, stating the goods were moved to Hyderabad instead of Tirupur. The petitioner argued that this mistake was minor and could be rectified by paying a sum under the Tamilnadu Value Added Tax Act. Despite the petitioner's representative approaching the respondent for the release of goods, the respondent did not comply, leading to the writ petition challenging the detention notice.

In a series of similar writ petitions, the Court had previously directed the release of goods upon payment of the tax component. Consequently, in the present case, the High Court directed the respondent to release the goods upon payment of a tax component amounting to Rs. 56,696. Any other claims by the respondent were to await adjudication, and no costs were imposed. The writ petition was disposed of with this direction, and the associated miscellaneous petition was closed accordingly.