2018 (2) TMI 1762 - HC - Indian Laws

The date of entry and date of exit in the TDF has been misread by the Tribunal - The department appears to have applied rates available on the net - Held that - In view of the fact that date of entry and exit in the TDF have been misread by the Tribunal, it would be appropriate to remit the matter to the Tribunal for a fresh consideration of cause - Tribunal shall also consider the price of gambier in view the materials placed - petition disposed off.

Summary

Issues: Misinterpretation of TDF form entries, incorrect valuation of goods, misapplication of rates, remittance for fresh consideration.

Misinterpretation of TDF form entries:
The revisionist contended that the Tribunal incorrectly construed the TDF form entries regarding the date and time of vehicle entry and exit into the State of U.P. The date of entry was misread as the date of exit, causing a discrepancy. The State filed a supplementary counter affidavit without disputing this argument. The Court noted that the Tribunal failed to examine the explanation provided by the revisionist regarding the quality-dependent valuation of gambier. The Tribunal's misinterpretation of the TDF entries led to a decision based on incorrect information.

Incorrect valuation of goods:
The revisionist argued that the valuation of goods by the authorities lacked proper basis and did not consider the correct valuation of gambier. To support this claim, the revisionist submitted rates quoted by traders, indicating a lower valuation than assessed by the authorities. The department seemingly relied on internet rates, while the revisionist presented evidence of lower prevailing market rates. The Court acknowledged the discrepancy in valuation and directed a reevaluation by the Tribunal considering the materials provided.

Misapplication of rates:
The authorities' valuation of goods appeared to be based on rates available on the internet, which differed from the rates prevalent in the market as evidenced by the documents submitted by the revisionist. The Court highlighted the importance of considering actual market rates rather than relying solely on internet sources for valuation purposes. This discrepancy in the application of rates further emphasized the need for a reassessment by the Tribunal to ensure accuracy in determining the value of the goods.

Remittance for fresh consideration:
Due to the misinterpretation of TDF form entries and incorrect valuation of goods, the Court decided to remit the matter back to the Tribunal for a fresh consideration of the case. The Tribunal was instructed to reevaluate the date entries in the TDF form and consider the actual market price of gambier based on the evidence provided. By remitting the case, the Court aimed to rectify the errors in the initial decision and ensure a fair and accurate assessment of the issues raised by the revisionist.