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2016 (10) TMI 78 - GUJARAT HIGH COURT

2016 (10) TMI 78 - GUJARAT HIGH COURT - TMI - Provisional release of goods - seizure of goods and trucks transported - machinery transported from Jaisalmer to Amreli - declaration in Form No. 403 - will the provisional release of goods be allowed, on non-declaration of form. 403, keeping in view the costly and sophisticated nature of machinery? - Held that: - No useful purpose would be served in allowing the machinery and the vehicles to remain idle in open at Tharad since 14.08.2016. Subject to .....

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assessment not to be delayed unreasonably by the authorities - goods and trucks released on fulfillment of above conditions - petition disposed off - decided in favor of petitioner. - Special Civil Application No. 14769 of 2016 - Dated:- 8-9-2016 - Akil Kureshi And A. J. Shastri, JJ. Mr Uchit N Sheth, Advocate for the Petitioner Mr Tirthraj Pandya, AGP for the Respondent ORDER ( Per : Honourable Mr. Justice Akil Kureshi ) 1. The petitioner has challenged seizure memos dated 14.08.2016 and a comm .....

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intercepted by the State VAT Authorities. The trucks and the goods were seized on the ground that the drivers did not carry declaration in Form No. 403. 3. Case of the petitioner is that due to slow movement of the goods, in the trade, the pattern is to generate such forms by the customer who would provide the same to the transporter when the goods are likely to cross the check-post. In the present case, the drivers were waiting for such declarations to be supplied and before this event, the au .....

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