9911796707
TMI Blog2015 (3) TMI 1245X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner, he purchased 62 numbers of two different varieties of Luminous Electra UPSs from Luminous Power Technologies Private Limited at Guwahati. He had purchased these goods for further sale in the State of Tripura. He had paid 2% CST on the value of the goods as reflected in the invoice. 4. When the goods were being transported they were seized by the Officer-in-Charge of the Churaibari Check Post on 16.04.2013. The ground for seizure is that the Maximum Retail Price(MRP) shown on the box of each UPS was Rs. 8,290/- and according to the Officer-in-Charge of the Churaibari Check Post, these goods had been undervalued by showing them to be of the value of Rs. 3873.37 each. The transporter who was carrying the goods on behalf of the pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have to be taken into consideration. The books of account of the petitioner can be easily verified to find out what is the price at which he sells these or similar goods. Comparison can also be made with other dealers selling UPS in the market. 7. In the present case, a market survey is stated to have been done. This market survey was done at the back of the petitioner. No evidence can be collected against back of a party. If any market survey is to be done then those people must file their evidence in affidavit or the market survey report should be made available to the petitioner. This Court in M/s Ruchi Soya Industries Ltd. Vs State of Tripura, CRP No.76 of 2009 with regard to the powers under Section 67 of the Tripura Value Added Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for more than a year. We do not know what will be the condition of the goods at this stage. Till date neither the assessing authority nor the revisional authority has made any demand of tax from the petitioner. We, therefore, dispose of the petition with the following directions. (i) That, within one week from today the respondents shall ensure that the UPSs which were seized on 16.04.2013 are released in favour of the petitioner on his furnishing a surety bond in the sum of Rs. 1,00,000/- to the satisfaction of the Assessing Officer giving an undertaking to pay this amount in case the Assessing Officer comes to a finding that the goods are grossly undervalued. (ii) The Commissioner of Taxes shall supply a copy of the market survey report ..... X X X X Extracts X X X X X X X X Extracts X X X X
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