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2013 (12) TMI 921 - HC - VAT and Sales TaxGoods in transit liable for seizure or not - Want of Transit Declaration Form Held that - Relying upon Prakash Parcel Service Ltd. Vs. State of U.P. & others 2013 (6) TMI 386 - ALLAHABAD HIGH COURT - Transit Declaration Form produced in response to the show cause notice after downloading it subsequent to detention cannot be recognized as an authentic document, as possession and production of Transit Declaration Form for carrying goods through the State of U.P. is not a ground for seizure, the seizure is without jurisdiction - The absence of Transit Declaration Form only gives rise to a rebuttable presumption and may attract penal consequences but the goods cannot be seized for non-production of it - the goods cannot be seized for absence of Transit Declaration Form - the Act does not specifically provide for the seizure of goods for not carrying the Transit Declaration Form, the order of seizure dated 21.9.2013 is without jurisdiction and cannot be sustained Decided in favour of Revisionist.
Issues Involved:
1. Legality of the seizure of goods for not carrying the Transit Declaration Form. 2. Validity of the demand for security under the VAT Act and Entry Tax Act. 3. Jurisdiction of the authorities to seize goods under the VAT Act. Issue-wise Detailed Analysis: 1. Legality of the seizure of goods for not carrying the Transit Declaration Form: The revisionist challenged the seizure of goods on the ground that the goods were not accompanied by the Transit Declaration Form at the time of detention. The form was produced later in response to the show cause notice. The court noted that the goods were in transit from Orissa to Punjab and had to pass through the State of U.P. The vehicle was intercepted, and a show cause notice was issued as the goods were not accompanied by Form 38/39 or the Transit Declaration Form. The form was downloaded and produced after the detention, but the Assistant Commissioner was not satisfied and ordered the seizure of goods, demanding security under both the VAT Act and Entry Tax Act. The tribunal upheld the seizure but reduced the security demanded. The court examined whether the goods in transit could be seized for the absence of the Transit Declaration Form. It was found that the power to seize goods is contained in Sections 48 and 50 of the VAT Act, read with Rule 55 of the Rules. Section 48 provides grounds for seizure, such as unaccounted goods, undervaluation, non-traceability to a bona fide dealer, and incorrect documents. Section 50 allows seizure if goods are transported without proper documents, indicating an attempt to evade tax. Rule 55 mandates seizure if documents are false, incorrect, incomplete, or invalid. However, none of these provisions specifically authorize the seizure of goods for the absence of the Transit Declaration Form. Section 52 of the VAT Act and Rule 58 require the driver to carry prescribed documents, failing which a presumption arises that the goods are meant for sale within U.P. The Commissioner's circular mandated the downloading of a Transit Declaration Form, but non-compliance only attracts a presumption, not seizure. 2. Validity of the demand for security under the VAT Act and Entry Tax Act: The court found that the seizure order was based solely on the absence of the Transit Declaration Form, and there was no discrepancy in other accompanying documents. The consignor and consignee were bona fide dealers, and the goods were not being unloaded in U.P. The department treated the goods as in transit, for which Form 38/39 was not necessary. Therefore, the demand for security under the VAT Act and Entry Tax Act was not justified, as the seizure itself was not authorized. 3. Jurisdiction of the authorities to seize goods under the VAT Act: The court concluded that the Act does not specifically provide for the seizure of goods for not carrying the Transit Declaration Form. The absence of the form only gives rise to a rebuttable presumption and may attract penal consequences, but it does not authorize seizure. The court cited previous judgments, including Prakash Parcel Service Ltd. v. State of U.P. and Naresh Kumar v. Commissioner, Commercial Tax, which held that goods cannot be seized merely for the absence of the Transit Declaration Form. Conclusion: The court held that the order of seizure dated 21.9.2013 and all consequential orders, including the tribunal's order dated 26.9.2013, were without jurisdiction and could not be sustained. The revision was allowed, and the seizure order was set aside. No costs were awarded.
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