1983 (2) TMI 257 - HC - VAT and Sales Tax

Summary

Issues involved: Seizure of goods u/s 13-A of the U.P. Sales Tax Act without proper authority and justification.

Summary:
The judgment of the Court addressed the seizure of goods under section 13-A of the U.P. Sales Tax Act without proper authority and justification. The case involved a consignment of Indian-made foreign liquor being transported from Rampur to Bhopal, intercepted at a check post. The Sales Tax Officer issued a show cause notice alleging underinvoicing and seized the goods. The petitioners contended that the consignment was in transit for an inter-State sale, and the seizure was unjustified. The Court granted an interim order for the release of the goods and later ruled in favor of the petitioners.

The petitioners argued that the seizure of goods was unauthorized, even though the goods were released due to a court order. The relevant provision, section 13-A of the Act, allows seizure only if goods cannot be traced to a bona fide dealer or are not properly accounted for. Since the notice only alleged underinvoicing in an intra-State sale, the seizure lacked legal basis. The respondents failed to provide additional grounds justifying the seizure.

The Court emphasized that the power to seize goods under section 13-A is limited to specific circumstances, which were not met in this case. The respondents claimed the petitioners were evading tax through underinvoicing, but this issue was deemed separate from the legality of the seizure. As the seizure lacked jurisdiction, any penalty proceedings under section 13-A were unwarranted. The Court ruled in favor of the petitioners, quashing the proceedings and awarding costs to them.

In conclusion, the Court found the seizure of goods without proper authority and justification under section 13-A of the U.P. Sales Tax Act to be unlawful. The petitioners were granted relief, and the proceedings initiated based on the show cause notice were quashed.