M/S MAURANIPUR UNION TRANSPORT COMPANY Vs. COMMISSIONER, COMMERCIAL TAX
LAWS(ALL)-2017-5-425
HIGH COURT OF ALLAHABAD
Decided on May 23,2017

M/S Mauranipur Union Transport Company Appellant
VERSUS
COMMISSIONER, COMMERCIAL TAX Respondents

JUDGEMENT

ASHWANI KUMAR MISHRA,J. - (1.) This revision is by the transporter, challenging an order passed by the Tribunal, dated 4.5.2017, which affirms the seizure and directs release of goods upon deposit of cash security/bank guarantee to the extent of 20% of the estimated value of goods specified at Rs. 12,50,000/-.
(2.) Learned counsel for the revisionist submits that the disclosed value of goods was Rs. 5,19,330/- and that a valid TDF did exist with the transport vehicle. Submission is that non-existence of consignor and consignee, in the facts and circumstances, is not material, and that the order of Tribunal is bad in law.
(3.) Learned Standing Counsel, on the other hand, points out that at the time of physical verification, the Cartons being transported were found to possess loose parcha mentioning details of purchaser belonging to Mahoba and Banda in Uttar Pradesh. Submission is that valid material did exist for the authorities to form an opinion that goods were likely to be offloaded within the State. Submission is that in such circumstances the authorities were justified in insisting upon the revisionist to furnish security.;


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