9911796707
TMI Blog2012 (10) TMI 1020X X X X Extracts X X X X X X X X Extracts X X X X ..... inst an order passed by the Commercial Tax Tribunal, Allahabad dated 11.4.11 by which the goods of the assessee were seized for being under valued. The following questions of law have been drawn in the present case.:- (a) Whether the Tribunal was justified in affirming the seizure with reference to Section 48 of the U.P. Value Added Tax Act, when in fact the authorities below had themselves ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e and vitiated in law being based on irrelevant material/considerations and ignoring relevant material/considerations. (e) Whether in the facts and circumstances of the case, the revenue can be said to have discharged its burden of proving undervaluation by the applicant. ? The record was called for and had been perused. From the merits of the matter, it is abundantly clear both from the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al value under Section 48(iii) of the U.P.Value Added Tax Act,2008 is the market value of the goods in the local market area where the transaction had taken place and not where the goods have been detained. Admittedly, the goods had been transacted in this case from Kerala and had been seized at Fatehpur, on the way to Kanpur. In view of this, the Tribunal was not justified in coming to the con ..... X X X X Extracts X X X X X X X X Extracts X X X X
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