2015 (3) TMI 1245

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.... petitioner, he purchased 62 numbers of two different varieties of Luminous Electra UPSs from Luminous Power Technologies Private Limited at Guwahati. He had purchased these goods for further sale in the State of Tripura. He had paid 2% CST on the value of the goods as reflected in the invoice. 4. When the goods were being transported they were seized by the Officer-in-Charge of the Churaibari Check Post on 16.04.2013. The ground for seizure is that the Maximum Retail Price(MRP) shown on the box of each UPS was Rs. 8,290/- and according to the Officer-in-Charge of the Churaibari Check Post, these goods had been undervalued by showing them to be of the value of Rs. 3873.37 each. The transporter who was carrying the goods on behalf of the pe....

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....h have to be taken into consideration. The books of account of the petitioner can be easily verified to find out what is the price at which he sells these or similar goods. Comparison can also be made with other dealers selling UPS in the market. 7. In the present case, a market survey is stated to have been done. This market survey was done at the back of the petitioner. No evidence can be collected against back of a party. If any market survey is to be done then those people must file their evidence in affidavit or the market survey report should be made available to the petitioner. This Court in M/s Ruchi Soya Industries Ltd. Vs State of Tripura, CRP No.76 of 2009 with regard to the powers under Section 67 of the Tripura Value Added Tax....