<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2005 (9) TMI 615 - WEST BENGAL TAXATION TRIBUNAL</title>
    <link>https://www.taxtmi.com/caselaws?id=163486</link>
    <description>Goods in transit may be seized under transit-control provisions only when the alleged defect in way bills or challans is supported by material connecting it to the consignor&#039;s goods. Bare assertions that documents are fake, or an uncorroborated alleged confession by a driver, are insufficient where no witness attests the seizure, no explanation is recorded in a language understood by the driver, and no nexus is shown between the challenged documents and the dealer&#039;s consignments, especially where the vehicle carries mixed goods. On that reasoning, the seizure and consequential penalty were quashed as unsustainable, and the refund was directed to the transporter.</description>
    <language>en-us</language>
    <pubDate>Fri, 16 Sep 2005 00:00:00 +0530</pubDate>
    <lastBuildDate>Thu, 03 Apr 2014 14:04:55 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=351031" rel="self" type="application/rss+xml"/>
    <item>
      <title>2005 (9) TMI 615 - WEST BENGAL TAXATION TRIBUNAL</title>
      <link>https://www.taxtmi.com/caselaws?id=163486</link>
      <description>Goods in transit may be seized under transit-control provisions only when the alleged defect in way bills or challans is supported by material connecting it to the consignor&#039;s goods. Bare assertions that documents are fake, or an uncorroborated alleged confession by a driver, are insufficient where no witness attests the seizure, no explanation is recorded in a language understood by the driver, and no nexus is shown between the challenged documents and the dealer&#039;s consignments, especially where the vehicle carries mixed goods. On that reasoning, the seizure and consequential penalty were quashed as unsustainable, and the refund was directed to the transporter.</description>
      <category>Case-Laws</category>
      <law>VAT and Sales Tax</law>
      <pubDate>Fri, 16 Sep 2005 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=163486</guid>
    </item>
  </channel>
</rss>