2016 (8) TMI 1209 - HC - VAT and Sales Tax

Release of seized goods on payment of security - Transit Declaration Form - The allegation made against the revisionist is that the selling dealer identity was not traceable - Held that - the Transit Declaration Form has not been found to be wanting in any respect. It was also within the validity period. Such being a case, it is open to the department to trail the goods up to the boundaries of the State - The goods may be trailed right to the border of the State of U.P. to ensure that no escapement of tax is made within the State of U.P. - revision allowed.

Summary

Issues involved:
1. Seizure of goods by the department and demand for security.
2. Validity of Transit Declaration Form and apprehension of goods being sold in U.P.
3. Legal precedents regarding seizure of goods without valid grounds.

Analysis:
1. The judgment pertains to a revision filed by the assessee against an order passed by the Tribunal, demanding security on goods seized by the department. The goods were being transported under a valid Transit Declaration Form from Delhi to Bihar when they were apprehended and detained in Kanpur. The department seized the goods alleging that the selling dealer's identity was not traceable, leading to the demand for security for the goods' release.

2. The revisionist argued that the Transit Declaration Form was valid during the goods' apprehension and that there was no evidence of an attempt to sell the goods in U.P. The court noted that the form accompanied the goods with established identity, and the mere apprehension of potential sale in U.P. was not sufficient grounds for seizure. Citing legal precedents, the court emphasized that the form's material particulars were crucial, and the department could trail the goods to ensure tax compliance without demanding security for release.

3. Referring to previous judgments, including M/S Saiya Transport Pvt. Limited Vs. State of U.P. and Others, the court highlighted that the objective of the department was to prevent tax evasion within U.P. The court held that if the Transit Declaration Form was in order and within its validity period, the goods could be released without requiring security. The judgment set aside the Tribunal's order and allowed the revision, emphasizing the department's duty to prevent tax evasion while ensuring procedural fairness in seizing goods.