Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2011 (12) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (12) TMI 482 - ALLAHABAD HIGH COURTSeizure of goods - penalty orders - Held that:- The Tribunal in the appeal preferred by the petitioner against the penalty order has granted partial stay of the order passed by the first appellant authority by directing the petitioner to deposit 15 per cent of amount of penalty in cash and furnish the security for the remaining amount which the petitioner had complied with. Thus, the interest of the Revenue has been amply safeguarded as in the event the appellate authority upholds the order of penalty then the amount of penalty can very well be realised from the security furnished by the petitioner. That being the position, we are of the considered opinion that respondent No. 2 ought to have released the goods seized by him on April 4, 2009. We, therefore, allow the writ petition and direct respondent No. 2 to release the seized goods belonging to the petitioner which have been seized on April 4, 2009 forthwith. However, we may make it clear that the security furnished by the petitioner should be to the satisfaction of the assessing authority and if he has accepted the security so furnished only then the goods should be released.
|