2015 (2) TMI 1224 - HC - VAT and Sales Tax

Release of detained goods - the petitioner claims that the records like delivery notes were accompanied with the goods transported and the respondent would have released the goods after verification of records - Held that - the Writ Petition is disposed of with a direction to the respondents to release the goods on payment of the tax component in a sum of ₹ 29,324/-. The petitioner shall furnish bank guarantee for the balance amount to be paid - petition allowed - decided in favor of petitioner.

Summary

Issues:
Challenge to goods detention notice and release of goods.

Analysis:
The Writ Petitioner, a registered dealer in imported Radiators from China, challenged a goods detention notice issued by Enforcement Officials while loading goods in a truck. The petitioner claimed that the necessary records, such as delivery notes, were provided with the goods, and the respondent should have released the goods after verifying these records. However, the respondent did not release the goods even after verifying the records and levied advance tax along with a compounding fee. The petitioner approached the court seeking release of the goods. The court had previously directed the release of goods in similar cases on payment of the tax component.

In the present case, the court disposed of the Writ Petition by directing the respondents to release the goods upon payment of the tax component amounting to &8377; 29,324. The petitioner was further instructed to furnish a bank guarantee for the balance amount to be paid. Any other claims by the respondent were to await adjudication. The judgment did not impose any costs on the petitioner, and the connected Miscellaneous Petition was closed.