TMI Blog1991 (11) TMI 228X X X X Extracts X X X X X X X X Extracts X X X X ..... (in short "the Rules") by the officer-in-charge, Jamsolaghat unified check gate. Without complying with the requirements of rule 94(4)(a) of the Rules which mandate issuance of a notice in form VI-B in case of defect and/ or omissions in the way-bill in form XXXII, various amounts as indicated in annexure 3 series have been collected from petitioner. No order has been passed in regard to the coll ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... adopted, have been indicated in rule 94(4)(a) of the Rules. If on inspection, the officer-in-charge of the check-post finds that (a) goods transported in a particular vehicle are not fully covered by a way-bill in form XXXII, or (b) that the way-bill is defective or incomplete, or (c) that there is evasion of tax in respect of the goods carried in such vehicle, notice shall be served on the owner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... collected, we direct that the same shall be taken into account while making assessment. The petitioner is entitled to adjust the amounts paid against admitted taxes payable, in terms of the third proviso to rule 36 of the Rules. So far as future transactions are concerned, there is no need to emphasise that without issuance of notice in form VI-B in a case where there is defect or omission in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in the way-bill. That involves a process of adjudication. No adjudication can be made unilaterally. Since the inconvenience of the person carrying the goods cannot be lost sight of, and by their very nature, provisions of rule 94 are of emergency nature, detailed adjudication is ruled out. No specific procedure or manner of adjudication is prescribed. Compelling reasons therefore, must exist fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
