https://www.taxtmi.com/caselaws?id=162632 Transit seizure and penalty proceedings under the West Bengal Sales Tax Act must be confined to the intercepted consignment and the prescribed transit documents. Where the declaration, invoice, challan and other required papers are produced, and no defect exists in the consignment, seizure and penalty cannot rest on alleged earlier fake transactions or unrelated material. Such action was annulled and the penalty became refundable. Interest may be awarded as compensation for wrongful retention of the refunded penalty even without an express statutory provision, supported by equitable principles and statutory recognition of interest on refundable excess amounts. Simple interest at nine per cent per annum was directed from the specified date until repayment. en-us Thu, 13 Apr 2006 00:00:00 +0530 Tue, 11 Mar 2014 18:04:43 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=162632 Transit seizure and penalty proceedings under the West Bengal Sales Tax Act must be confined to the intercepted consignment and the prescribed transit documents. Where the declaration, invoice, challan and other required papers are produced, and no defect exists in the consignment, seizure and penalty cannot rest on alleged earlier fake transactions or unrelated material. Such action was annulled and the penalty became refundable. Interest may be awarded as compensation for wrongful retention of the refunded penalty even without an express statutory provision, supported by equitable principles and statutory recognition of interest on refundable excess amounts. Simple interest at nine per cent per annum was directed from the specified date until repayment. Case-Laws VAT and Sales Tax Thu, 13 Apr 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=162632