9911796707
TMI Blog2008 (5) TMI 618X X X X Extracts X X X X X X X X Extracts X X X X ..... on. (1)Oral. Before adverting to the question posed above, it is necessary to set out the respective cases of the parties concerned. The petitioner's case, in brief, reads as under: The petitioner purchased, on September 19, 1988, a new ambassador car (diesel), manufactured by Hindustan Motors Limited, from their dealer, M/s. Austin Distributors Ltd., having registered office at 19, Jawharlal Nehru Road, Calcutta-87, and took delivery of the car from the showroom of the dealer, at Calcutta, on September 9, 1988 itself. On the request of the petitioner, the authorities concerned, in Calcutta, granted, on September 10, 1988, in terms of the provisions of the Motor Vehicles Act, 1988, a temporary certificate of registration bearing regi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ictions on the movement of taxable goods without payment of sales tax in the State of Tripura. A motor vehicle is a taxable item under the Act and the Rules framed thereunder and, hence, a permit, in terms of the Act and Rules, is required to be produced before the officer-in-charge, Churaibari check-post, in order to bring a vehicle into the State of Tripura. This apart, the original invoice is required to be submitted for issuance of permit. The petitioner had applied for permit to the respondents without submitting the correct statement and the invoice. The petitioner had also not disclosed the purpose of the purchase. Since the relevant documents were not enclosed with the application form No. XVIII, as required under rules 46 and 47, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of taxable goods despatched from outside Tripura: Provided that this restriction, shall not apply to any consignment which does not exceed. (a) in case of goods sold by quintal and kilogram . . . 5 kilograms in weight. (b) in case of goods sold by litre . . . 5 litres in volume. (c) in case of goods sold by metre . . . 5 metres in length (d) in case of goods sold by piece . . . 1 in number (e) in case of goods sold by gross . . . 1 gross in number. (f) in case of goods sold by dozen . . . 1 dozen in number (g) in case of goods sold by pair . . . 1 pair. (h) in case of precious stones, namely, diamonds, emeralds, rubies, real pearls and sapphires synthetic or artificial precious stones, pearls - artificial or culture ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of those goods, which are sold by piece, one piece can be brought, even if taxable, without payment of tax in respect thereof. Rules 45 and 46 are really applicable to the cases of those persons, who are registered under the Act inasmuch as rule 46 clearly states that a "registered dealer " cannot bring any of the taxable goods, enumerated in rule 45, without a permit having been issued by the Superintendent of Sales Tax, in form No. XVIII, on the basis of declaration made by the "registered dealer". It is, now, necessary to take note of the contents of form No. XVIII. This form reads as under: "Form: XVIII The Tripura Sales Tax Act, 1976 (See rules 46, 47) To The Superintendent of Taxes, In accordance with the provisions of rules 4 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Taxes, the "registered dealer" is required to make a declaration in terms of various requirements set out in form No. XVIII. When the provisions of rules 45, 46 and 47 are read in the light of the contents of form No. XVIII, it becomes more than abundantly clear that a person, other than a "registered dealer", cannot be forced to either apply or obtain a permit in form No. XVIII. In the present case, the pleaded facts by the parties clearly show that according to the sales tax authorities concerned, a permit, in form No. XVIII, is necessary for the purpose of bringing any taxable goods into the State of Tripura. This stand of the respondents, in the light of the clear provisions made in rules 45, 46 and 47, is wholly misconceived and unten ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said sum of Rs. 17,761 and, in such circumstances, the respondents are liable to pay the interest for withholding the said amount. Considering, therefore, the matter in its entirety and in the interest of justice, it is hereby directed that the respondents shall pay the said sum of Rs. 17,761, within one month from today, with interest at six per cent per annum from October 8, 1998 until realisation of the said amount. This apart, in face of the peculiar facts and circumstances of the present case, the respondents shall also be held liable to pay a sum of Rs. 500 as minimum possible cost of the legal proceeding. With the above observations and directions this writ petition shall stand disposed of with the cost of Rs. 500 against the respo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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