2017 (8) TMI 1408 - HC - VAT and Sales Tax

Release of seized goods - demand of high amount of cash security for release of goods - violation of the provisions of Section 73 of the West Bengal Value Add Tax Act, 2003 - Held that - A sum of ₹ 25,00,000/- as cash security would be sufficient as a condition for release of the goods - We are not interfering with the order of the Tribunal as regards the statutory cash security. Since the main matter is pending before the Tribunal for final adjudication, we refrain from making any comment on merit so far the subject of dispute is concerned. Writ application disposed off.

Summary

Issues:
Interpretation of provisions of Section 73 of the West Bengal Value Add Tax Act, 2003 for release of seized goods based on cash security amount.

Analysis:
The judgment by the High Court of Calcutta pertains to an application challenging a part of an interim order issued by the West Bengal Taxation Tribunal regarding the release of goods seized under allegations of violating Section 73 of the West Bengal Value Add Tax Act, 2003. The Tribunal had directed the deposit of a substantial cash security amount along with statutory cash security for the release of the goods. The petitioner contended that the goods in question were sourced from within the State with proper documentation, questioning the necessity of such a high cash security requirement. On review, the Court acknowledged the submissions from both parties and determined that a reduced cash security amount of ?25,00,000 would suffice for the release of the goods, while maintaining the requirement of statutory cash security as imposed by the First Revisional Authority. The Court refrained from delving into the merits of the dispute as the main matter was still pending before the Tribunal for final adjudication, thus modifying the Tribunal's order accordingly.

The Court's decision to lower the cash security amount was based on the consideration of the circumstances and arguments presented by the parties. It highlighted that the main issue under dispute was yet to be conclusively resolved by the Tribunal, hence refraining from making any comments on the substantive matters. The judgment emphasized that the modification to the Tribunal's order was limited to the adjustment of the cash security amount, leaving the statutory cash security requirement unchanged. Additionally, the Court clarified that as no affidavits were called for, the allegations in the petition were not deemed admitted, ensuring a fair and impartial treatment of the case.

In conclusion, the High Court of Calcutta disposed of the writ application with the modified terms regarding the cash security amount for the release of the seized goods. The judgment underscored the importance of a balanced approach in determining the appropriate cash security while respecting the ongoing legal process before the Tribunal. Furthermore, the Court's decision not to award costs and to expedite the issuance of a certified copy of the order demonstrated a procedural efficiency in handling the matter.