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2013 (5) TMI 31 - ALLAHABAD HIGH COURTSeizure orders - goods not accompanied by proper documents/invoices - assessee contested that he produced desired documents - Held that:- The mandate to consider the documents produced in response to the show cause notice is only with regard to existing genuine and bona fide documents which for one reason or the other could not be produced when the goods were detained but this mandate would not apply to documents which were not in existence at the relevant time and were procured or manufactured subsequently. Thus the transit declaration form which was not in existence when the goods were detained cannot be regarded as a bona fide one. In its absence the goods were rightly detained. No illegality or error of law in the order of seizure. Estimation of market value of goods - Seizing authority assessed the estimated market value to be around Rs.72 lacs on the basis of the value appearing in the news paper but the Tribunal refused reduced it to Rs.25 lacs - Held that:- Tribunal in reducing the value to Rs.25 lacs has not assigned any reason and no material has been referred to for so assessing the market value. There is no dispute that the assessee before the passing of the seizure order has produced three invoices relating to the goods. The authorities could have verified and assessed the value of the goods on the basis of the said invoices but the said exercise was not undertaken. Standing Counsel is unable to justify the estimation of Rs.72 lacs or 25 lacs as the value of the goods.In view of the aforesaid facts and circumstances, the estimation of the market value of the seized goods at Rs.25 lacs is not acceptable and the same is prima facie taken to be Rs.9 lacs as per the invoices relating to the goods produced at the time of seizure.
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