https://www.taxtmi.com/caselaws?id=163282 A seizure under the West Bengal VAT transport provisions must rest on an objective prima facie basis supported by material showing false or incorrect declared value; where the valuation basis is arbitrary or unsupported, the seizure fails and any consequential penalty cannot stand. The retrospective amendment to section 76 cured the initial defect in the Sales Tax Officer's seizure authority, so that objection failed. However, the record disclosed no adequate material for the under-invoicing allegation, making the valuation assessment arbitrary and the seizure invalid. The penalty order was therefore unsustainable, and refund of the deposited amount was directed. en-us Thu, 17 May 2007 00:00:00 +0530 Fri, 28 Mar 2014 14:06:01 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=163282 A seizure under the West Bengal VAT transport provisions must rest on an objective prima facie basis supported by material showing false or incorrect declared value; where the valuation basis is arbitrary or unsupported, the seizure fails and any consequential penalty cannot stand. The retrospective amendment to section 76 cured the initial defect in the Sales Tax Officer's seizure authority, so that objection failed. However, the record disclosed no adequate material for the under-invoicing allegation, making the valuation assessment arbitrary and the seizure invalid. The penalty order was therefore unsustainable, and refund of the deposited amount was directed. Case-Laws VAT and Sales Tax Thu, 17 May 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=163282