TMI Blog2016 (12) TMI 1149X X X X Extracts X X X X X X X X Extracts X X X X ..... record. On 15.12.2016 this Court passed the following order: Heard Sri B.K. Pandey, learned Standing Counsel for the revisionist. This revision has been filed challenging the order dated 29.11.2016 in Second Appeal No. 624 of 2016 under Section 48(7) of the U.P. VAT Act, 2008 passed by Member, Commercial Tax Tribunal, Gorakhpur Bench, Gorakhpur. On 22.07.2016, two trucks bearing registration numbers UK 06 CA 8544 and UK 06 CA 7293 carrying 'Sariya' along with tax invoice nos. 732, 733, 734 and 735 all dated 21.07.2016 for 8.94, 8.06, 8.10 and 7.00 MTs sariya were intercepted at Kasaya. The trucks were coming from the side of Tamkuhiraj. 'Sariya' loaded in the trucks were bearing brand mark of Neel Kamal T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... detailed order dated 22.09.2016. Aggrieved with this order, the respondent filed a Second Appeal No. 624 of 2016 before the Member, Commercial Tax Tribunal, Gorakhpur Bench, Gorakhpur, who allowed the appeal and directed the goods to be released without security. The impugned order has been passed by the Tribunal merely on the ground that the respondent was not afforded opportunity to cross examine the driver, whereas, the drivers were own men of the respondent-assessee. The Tribunal has completely overlooked and did not address at all on the findings recorded by the Mobile Squad Authority and the Joint Commissioner that the goods were not accompanying Form-21 which is a mandatory requirement for transportation of 'sariya'. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tons. Learned standing counsel submits that the two invoices both issued to M/s. Om Prakash Khadh Bhandar on the same date were accompanying the goods, the weight of which comes to about 17 Metric Tons. He submits that the Modus operandi adopted by the respondent assessee by ill motive to evade tax payment of the tax can not be protected or saved by the circular of the Commissioner dated 4.10.2013. Sri Rishi Raj Kapoor, learned counsel for the respondent assessee further submits that the assessee is ready to deposit cash security of Rs. one lac for release of the goods. Learned standing counsel submits that if the respondent assessee deposits the cash security as offered, the goods shall be released. In view of the aforesaid, th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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