High Court Kerala High Court

Jovy.T.D. vs Commercial Tax Inspector on 11 October, 2010

Kerala High Court
Jovy.T.D. vs Commercial Tax Inspector on 11 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 30993 of 2010(Y)


1. JOVY.T.D., PROPRIETOR,
                      ...  Petitioner

                        Vs



1. COMMERCIAL TAX INSPECTOR,
                       ...       Respondent

2. STATE OF KERALA,

                For Petitioner  :SRI.VIJAYAN. K.U.

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :11/10/2010

 O R D E R
                C.K. ABDUL REHIM, J
                ------------------------------
             WP(C) NO. 30993 OF 2010
             ------------------------------------
       Dated this the 11th day of October, 2010


                       JUDGMENT

Ext.P4 notice issued under Section 47 (2) of the

Kerala Value Added Tax Act (KVAT Act) is under

challenge. Interstate transport of ‘Mango Pulp’

purchased by the petitioner on the strength of Ext.P3

invoice was detained, alleging that, on verification of the

goods it was revealed that there is a gross undervaluation

with respect to the value shown in the invoice when

compared with the MRP printed on the containers. The

first respondent computed value of the goods at 65% of

the MRP and security deposit, being double the amount of

tax due on the differential value, was demanded.

2. Contention of the petitioner is that the

transaction in question will attract payment of Central

Sales Tax (CST) only, and that the assumption of

undervaluation is highly whimsical. It is further

2
WP(C) No. 30993/2010

contended that the first respondent is not entitled to detain

the goods invoking Section 47 (2) on the basis of an

allegation as mentioned, since such an allegation will not

come within the purview of the reasons for detention

enumerated under Section 47 (2).

3. Learned Government Pleader on the other hand

contended that the gross undervaluation revealed from the

invoice gives rise to a reasonable suspection that there

occurred collusion between the consignor and the

consignee in declaring a lower price, after passing

consideration extraneously, with an intention to show

corresponding lower rate of sale prices than the actual

value for the subsequent sale of the goods at the hands of

the petitioner, within the state. Hence an attempt in

evasion of payment of tax was legitimately suspected, is the

contention.

4. However, question as to whether there was any

attempt in evasion of payment of tax, is a matter which need

3
WP(C) No. 30993/2010

be decided on finalising the enquiry. Pending finalisation of

such enquiry, I am of the opinion that, the goods can be

released to the petitioner on furnishing proper security.

5. Under the above circumstances, the Writ Petition

is disposed of directing the first respondent to release the

goods along with the vehicle, which is detained under

Ext.P4 notice, on the petitioner furnishing Bank Guarantee

for 50% of the amount of security deposit demanded

therein. The petitioner shall also furnish security bond in

the form provided under the Kerala Value Added Tax Rules,

without sureties, for the balance amount.

6. The competent enquiry officer will finalise the

enquiry at the earliest possible, after affording an

opportunity of hearing to the petitioner, at any rate within a

period of six weeks from the date of release of the goods.

C.K. ABDUL REHIM
JUDGE
dnc