9911796707
TMI Blog2017 (6) TMI 358X X X X Extracts X X X X X X X X Extracts X X X X ..... e Tribunal dated 27.4.2017, whereby seized goods are directed to be released by the Tribunal upon deposit of cash security to the extent of 10% of the estimated value of goods quantified at Rs. 33,22,051/-. This order was challenged by the assessee before this Court in Revision No. 209 of 2017, which came to be disposed off on 15.5.2017, vide following orders:- "This revision is directed against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sustain seizure and condition of deposit of 10% amount security is not illegal. I have heard learned counsel for the parties and have perused the materials brought on record. It is not in dispute that revisionist is a registered dealer under U.P. VAT Act in the State, and in case any ultimate liability towards tax or penalty is imposed upon it, the same can always be realized. It is also subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 27.4.2017. Attention of the Court has been invited to the order sheet, according to which the proceedings were transferred to the Tribunal at Agra and a copy of appeal was served upon departmental representative on 26.4.2017, and hearing too was concluded on the same date. It further appears from records that originally date for hearing was fixed for 27.4.2017, but it was preponed later, and h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would stand to loose, inasmuch as law permits release of goods upon deposit of cash/security to the extent of 40% of the value of goods. A prayer consequently is made in this revision to recall the order passed by this Court dated on 15.5.2017. Attention of the Court is invited to the provision contained under Section 58 (5) of the U.P. VAT Act, which reads under:- "58.... (5) All applications ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quires consideration. Issue notice to opposite party. Let this matter be placed once again for hearing before the appropriate Court on 3rd July, 2017, along with records of Sales/Trade Tax Revision No. 209 of 2017. Till the next date of listing, the goods in question shall not be released except upon deposit of cash security to the extent of 10% and security other than cash or bank guarantee to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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