High Court Kerala High Court

M/S.Berger Paints India Ltd vs The Intelligence Inspector on 14 October, 2009

Kerala High Court
M/S.Berger Paints India Ltd vs The Intelligence Inspector on 14 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 28963 of 2009(M)


1. M/S.BERGER PAINTS INDIA LTD.,
                      ...  Petitioner

                        Vs



1. THE INTELLIGENCE INSPECTOR,
                       ...       Respondent

2. THE ASSISTANT COMMISSIONER (ASSMT),

3. THE COMMISSIONER OF COMMERCIAL TAXES,

                For Petitioner  :SRI.TOMSON T.EMMANUEL

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :14/10/2009

 O R D E R
                             S. Siri Jagan, J.
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                      W. P (C) No. 28963 of 2009
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                  Dated this, the 14th October, 2009.

                            J U D G M E N T

The petitioner is a paint Company. According to them, while the

vehicle transporting paints from their Thrissur depot to Cochin depot,

the same was detained by the 1st respondent under Section 47(2) of

the Kerala Value Added Tax Act on the ground that the delivery note

produced does not show the time of commencement of the journey

and column no. 8 is not filled up and therefore the 1st respondent

suspects evasion of tax. Ext. P6 notice has been issued to the

petitioner directing them to furnish cash security for Rs. 1,08,203/-

pending further proceedings thereto. The petitioner is challenging

Ext. P6.

2. According to the petitioner, this being purely a stock transfer

from one depot to another and all details are specifically mentioned

in the delivery note itself, the fact that the section clerk did not

mention the time of starting journey cannot give any occasion to

suspect evasion of tax. The petitioner particularly mentions that the

delivery note specifically stated that it is for local movement only and

details of invoices are specifically mentioned. The petitioner

therefore seeks release of the goods without insisting on cash

security.

3. The learned Government Pleader submits that the distance

between Thrissur and Cochin is only about 70 kms., and therefore if

the time of starting the journey is not mentioned, there is every

likelihood of the same delivery note being used for more than one

consignment. Therefore, the goods cannot be released without giving

cash security, is his contention.

4. In answer, the learned counsel for the petitioner submits that

paints being non-notified goods, delivery note is not compulsory at all

and invoice alone is sufficient and the goods are accompanied by

W.P.C. No. 28963/2009. -: 2 :-

invoices.

5. I have considered the rival contentions in detail.

6. First of all, I note that the allegation in Ext. P6 notice that

column no. 8 of the delivery note is not filled up, is not correct. In

fact, a seal is stamped there stating that the consignment is for local

movement only. Apart from that, I find considerable merit in the

contention of the petitioner insofar as the delivery note itself

contains the invoice numbers and the goods are accompanied by

invoices also. In the above circumstances, the writ petition is

disposed of with the following directions:

The competent authority shall complete the proceedings

pursuant to Ext. P6 as expeditiously as possible. Pending finalisation

of proceedings , the goods shall be released to the petitioner on the

petitioner furnishing a bond without sureties for the amount covered

by Ext. P6.

Sd/- S. Siri Jagan, Judge.

Tds/

[True copy]

P.S to Judge.