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TMI Blog2012 (12) TMI 115X X X X Extracts X X X X X X X X Extracts X X X X ..... eleased in accordance with provisions of Section 51(6)(a) of the Act. In respect of the goods, the explanation under Section 51(7) of the Act must be interpreted in the light of the provisions of sub Section (5) of Section 62 of the Act. Accordingly, the principles of harmonious construction would lead us to a conclusion that 30% of the penal amount be deposited by the petitioner - writ petition s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evade/avoid tax was made by the petitioner by not reporting the paddy/rice at the barrier. The goods were meant for trade and not covered by proper/genuine documents. Accordingly, a penalty of Rs. 1,65,375/- has been imposed under Section 51(7)(b) of the Punjab Value Added Tax, 2005 (for brevity 'the Act') on the value of goods, which was assessed at Rs. 5,51,250. The order has made provision that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er enquiry, whichever is earlier." 4. A perusal of the explanation would show that the detained goods and vehicle would continue to be detained beyond the period of 72 hours as specified sub Section (6) and (7) of Section 51 of the Act, unless released by the detaining officer or enquiry officer against surety or security as per the aforesaid provision or the penalty imposed, has been realized a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ased by the petitioner before passing of the order imposing some penalty then the amount of penalty has to be paid in order to succeed in getting the goods released. 7. After hearing learned counsel for the parties, we are of the considered view that so far as vehicle is concerned, it has to be released in accordance with provisions of Section 51(6)(a) of the Act. In respect of the goods, the ex ..... X X X X Extracts X X X X X X X X Extracts X X X X
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