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2009 (1) TMI 806 - WEST BENGAL TAXATION TRIBUNALSeizure of Volvo excavator - penalty order - Held that:- In the instant case admittedly, the vehicles were brought within the West Bengal without any way-bill for the purpose of using those in transport business. Therefore, such vehicles cannot be the 'personal effects' of the petitioner for the purpose of exemption under rule 210 of the Rules 1995. Hence, in our opinion, the vehicles since were not 'personal effects' the production of way-bill at the check-post before the entry within the West Bengal was necessary." It is a capital asset which could be sold or used in works contract.The point No. (i) is thus answered in the negative and the act of seizure is affirmed. The petitioner produced the consignment note and invoice showing payment of Central sales tax. So the contravention of the regulatory provision of the taxing law was not deliberate. The contravention not being deliberate on consideration of the petitioner's sufferance of loss due to detention of the goods, the penalty should be reduced to one per cent of the approximate saleable value of the goods as assessed which comes to ₹ 54,540. The bond furnished by the petitioner stands discharged. The bank guarantee furnished by the petitioner be released within a month on realization of the reduced penalty amount.
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