2016 (11) TMI 129 - HC - VAT and Sales Tax

Detention notice - Online Form-JJ and Form-MM have not been submitted and the genuineness of the transaction has to be verified in order to safeguard the interests of the Revenue - Held that - a bill of sale or delivery note in Form JJ generated from the website of the Commercial Taxes Department along with the transporter s way bill in Form MM generated from the website of the said Department and goods vehicle record or trip sheet or log book have to be produced - the petitioner has produced the Invoice and Lorry receipt and these can very well be verified by the fourth respondent and merely because the computerised online Forms JJ / MM have not been produced that cannot be a sole reason for detaining the goods - Decided in favor of assessee.

Summary

Issues: Challenge to detention notice based on non-submission of Online Form-JJ and Form-MM, legality of detaining goods for non-production of specific forms, interpretation of TNVAT Act provisions.

Analysis:
1. The petitioner contested the detention notice issued by the 4th respondent due to non-submission of Online Form-JJ and Form-MM during transportation of goods from Sultanpur to Chennai. The detention was to verify transaction genuineness for revenue protection.

2. The petitioner argued that similar detentions by the 4th respondent were challenged previously, citing the case of M/s.Madras Steels and Tubes. In that case, the court allowed the writ petition, indicating a pattern of challenge against such detentions.

3. The petitioner presented the Invoice and Lorry receipt for verification by the 4th respondent, asserting that these documents could substantiate the transaction and lead to the release of the detained goods.

4. The Additional Government Pleader highlighted the introduction of Online Form-JJ and Form-MM from 29.01.2016 to facilitate interstate goods movement. Due to the petitioner's failure to produce these forms, the detention was justified under Sections 71(3)(d), 71(3)(e), 71(7) of the TNVAT Act, 2006, with an opportunity for compounding the offense under Section 72(1)(a).

5. The central issue revolved around whether detaining goods solely for non-production of Online Form-JJ and Form-MM was lawful. Previous cases, including M/s.Madras Steels and Tubes, established the requirement of specific forms for verification during detentions.

6. The court ruled in favor of the petitioner, emphasizing that the production of Invoice and Lorry receipt sufficed for verification. Merely the absence of computerized forms could not be the sole basis for detaining goods, leading to the order to release the goods and setting aside the impugned detention order.

7. The judgment highlighted the importance of verifying essential documents like Invoice and Lorry receipt over strict reliance on specific online forms, ensuring a balanced approach in enforcing TNVAT Act provisions.