2016 (11) TMI 1192 - HC - VAT and Sales Tax

Release of seized goods - perishable goods - inspite of deposit of penalty u/s 55 (6)(ea) of the Act, the goods not released - Held that - this Court is of the opinion that a prima facie case is made out for grant of interim relief as the petitioner has already paid the penalty imposed against him - Resultantly, the respondents are directed to release the goods seized from the petitioner within a week from today. It is also made clear that the Department shall proceed with the assessment in accordance with the provisions of law - petition disposed off - decided against petitioner.

Summary

Issues involved:
Grant of interim relief for release of seized perishable goods and completion of assessment within a specified timeframe.

Grant of Interim Relief:
The petitioner sought interim relief based on Section 55(6)(ea) of the Madhya Pradesh VAT Act, 2002, stating that the Competent Authority had passed an order on 13.07.2015, and the petitioner had paid the penalty in full. The Appellate Authority had set aside the assessment order dated 04.03.2016 for the period w.e.f. 29.06.2014 to 28.04.2015 and remanded the matter to the Assessing Authority. Despite the penalty payment, the perishable goods seized by the Department were not released. The Court, after hearing both parties, found a prima facie case for granting interim relief due to the petitioner's compliance with penalty payment.

Release of Seized Goods and Assessment Proceeding:
The Court directed the respondents to release the seized goods within a week, emphasizing that the Department must proceed with the assessment as per the law. The Government Counsel suggested disposing of the petition with a directive for the Assessing Authority to complete the assessment promptly. Consequently, the petition was disposed of with a mandate for the assessment to be finalized within three months, ensuring all documents are provided to the petitioner and due procedure is followed. The goods seized by the Department were ordered to be released within seven days, with compliance to relevant rules.

This judgment showcases the Court's consideration of the petitioner's compliance with penalty payment, leading to the grant of interim relief for the release of seized goods. Additionally, the directive for completing the assessment within a specified timeframe underscores the importance of procedural adherence and timely resolution in such matters.