2016 (6) TMI 141

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..... Appellant is the writ petitioner. Two writ petitions were filed by the appellant / writ petitioner. Mr. S.K. Posti, learned counsel appearing for the appellant / writ petitioner does not dispute that the prayers in both the writ petitions are the same. The prayers made in Writ Petition (M/S) No. 1967 of 2015 are as follows: "i) issue a suitable writ, order or direction in the nature of Certiora .....

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..... transported, the vehicles were detained by the authority under the Uttarakhand Value Added Tax Act, 2005 (hereinafter referred to as the "Act"). A show-cause was issued and the appellant / writ petitioner submitted its reply; but the appellant / writ petitioner has been asked to deposit the security amount for release of the goods. An appeal was filed before the Deputy Commissioner (Enforcement) a .....

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..... 005 (hereinafter referred to as the "Rules"), was not accompanying the goods. According to the learned counsel for the appellant / writ petitioner, a perusal of Section 48 of the Act, along with Rule 30 of the Rules, would show that it is not applicable in the case of the appellant / writ petitioner. According to the appellant / writ petitioner, the matter is covered by the proviso to Section 48 a .....

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..... intra-State sale in the State of Uttarakhand. 6. The learned Brief Holder appearing for the State would, in fact, point out that, when the vehicle was intercepted, it was not accompanied by the sale bills. The learned counsel for the appellant / writ petitioner, in fact, sought to dispute that contention by pointing out that there is no such ground taken. 7. Prima facie, we would think that the .....

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..... refore, we would see no reason why we should interfere with the judgment passed by the learned Single Judge. 8. Consequently, the appeal is dismissed. We make it very clear that we are leaving open all the contentions of the appellant and the Tribunal will proceed to decide the matter on merits untrammeled by anything contained in this judgment otherwise.
Case laws, Decisions, Judgements, Ord .....

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