Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2000 (5) TMI 1056

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ehicle was intercepted by the Assistant Director (Enforcement), Excise and Taxation Department, Punjab, Chandigarh, along with his supporting staff on December 11, 1998 as the officer concerned doubted the genuineness of the bills and other documents carried by the driver of the vehicle. M/s. Jauss Polymers Ltd., village Chanalon, was the consignee of the goods which were sold for a consideration .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ormed that the petitioner was also made to deposit another sum of Rs. 10,000 as godown charges which according to the petitioner it was not liable to pay. It is against the order of the Deputy Director (Enforcement) that the present writ petition has been filed under article 226 of the Constitution. 2.. The contention of Sh. K.L. Goyal, learned counsel for the petitioner is that the petitioner w .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... lty of Rs. 60,000 in the circumstances of the case. He further contends that it is not necessary to issue any notice to the petitioner who claims to be the owner of the goods. He has referred to the definition of the term "owner" as contained in the Punjab General Sales Tax Rules, 1949 as amended in November, 1997. 3.. We have given our thoughtful consideration to the rival contentions. In our v .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... statutory provisions. We have, therefore, no hesitation in quashing the impugned order passed by the Deputy Director. The view we have taken finds support from the Division Bench judgment of this Court in Aero Club v. State of Punjab [1997] 104 STC 349. The case is remanded to the Assistant Excise and Taxation Commissioner, Fatehgarh Sahib for further proceedings in accordance with law. The office .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates