2014 (6) TMI 872 - HC - VAT and Sales Tax

Court Orders Release of Detained Goods Upon Payment, Resolving Dispute without Assessing Validity

VICTORY ENTERPRISES Versus THE COMMERCIAL TAX OFFICER

VICTORY ENTERPRISES Versus THE COMMERCIAL TAX OFFICER - TMI Issues:Detention of goods for alleged tax non-payment and lack of proper documentation.Analysis:The petitioner, engaged in the sale of Iron and Steel, challenged the detention of goods by the respondent on the grounds of the place not being registered and interstate transaction details not reflected in the return. The petitioner claimed the impugned goods were accompanied by the necessary documents. The petitioner's counsel argued that the goods were transported with proper documents as required by the Act, questioning the detention by the respondents.The respondent, represented by the Additional Government Pleader, offered to release the goods upon payment of approximately Rs. 30,000 in each petition as a one-time payment. The court, without delving into the validity of the impugned order, directed the immediate release of the detained goods to the petitioner on the condition of payment. The petitioner was instructed to subject themselves to any adjudication proceedings initiated by the respondents and could raise objections as needed. The tax amount paid by the petitioner was to be considered as advance tax, and the writ petition was disposed of without costs.This judgment highlights the resolution of the dispute regarding the detention of goods by the respondent, with the court ordering the release of goods upon payment by the petitioner. The decision emphasizes compliance with adjudication proceedings and treating the tax payment as advance tax, providing clarity on the resolution of the matter without imposing any costs.