9911796707
TMI Blog2013 (5) TMI 31X X X X Extracts X X X X X X X X Extracts X X X X ..... s absence the goods were rightly detained. No illegality or error of law in the order of seizure. Estimation of market value of goods - Seizing authority assessed the estimated market value to be around Rs.72 lacs on the basis of the value appearing in the news paper but the Tribunal refused reduced it to Rs.25 lacs - Held that:- Tribunal in reducing the value to Rs.25 lacs has not assigned any reason and no material has been referred to for so assessing the market value. There is no dispute that the assessee before the passing of the seizure order has produced three invoices relating to the goods. The authorities could have verified and assessed the value of the goods on the basis of the said invoices but the said exercise was not under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) of the Value Added Tax Act, 2008 was rejected and thereafter the Tribunal had passed the impugned order upholding the seizure order and directing for the release of the goods on furnishing cash security or bank guarantee equivalent to 15% of Rs.25,00,000/- the value of the goods. The order of seizure has been passed mainly for the reason that the goods were not accompanied by proper documents/invoices etc. or in other words the goods were different from those mentioned in the documents. Secondly, the driver stated that the goods were to be down loaded at Kanpur and as such were not meant to be delivered in Nepal. Lastly, the transit declaration form was also not accompanying the goods. The submission of Sri Kunwar Saksena, learned cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order. The transit declaration form was produced in response to the show cause notice therefore, the seizing authority was obliged to consider the same. The transit declaration as is said to have been produced is part of the record and it clearly shows that it was down loaded and printed on 15.3.2013 after the goods were detained. The aforesaid transit declaration form as such is apparently not a bona fide document. It has been procured later on as an afterthought. The mandate to consider the documents produced in response to the show cause notice is only with regard to existing genuine and bona fide documents which for one reason or the other could not be produced when the goods were detained but this mandate would not apply to docu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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