9911796707
TMI Blog2011 (8) TMI 1180X X X X Extracts X X X X X X X X Extracts X X X X ..... ng transit at Etach has been effected under section 48(7) of the U.P.Value Added Tax Act vide the order of the assessing authority dated 25.4.2011 on the ground that the goods had been under valued by more than 50% of the true value of the goods. Representation was made against the seizure under section 48(7) of the U.P.Value Added Tax Act was rejected by the Joint Commissioner (SIB), Aligarh v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by more than 50% viz-a-viz the market value. It has therefore been held that the seizure of the goods was unjustified. The release of the goods have been directed without insisting on any security. Challenging the order so the counsel for the department stated that the release was not justified the current price list had been obtained from the market at Aligarh and Etah. From the said document ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submits if the Department did not have material available with it as per Section 47(1) of the Trade Tax Act seizure would be rendered illegal. I have heard learned counsel for the parties. For appreciating the controversy raised reference section 48(1) (iii) of the Value Added Tax which reads as follows:- Section 48. Power to seize goods.- (1) An officer authorized under sub-section ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such calculation must be done with reference to the local market area where the said transaction has taken place. The crucial value under section 48 (iii) is the market value of the goods in the local market area where the transaction had taken place. In the facts of the case the transaction is said to have taken place at Ghaziabad when the goods first despatched for delivery at Varanasi. In th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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