High CourtsSingle Bench(2017) 02 AHC CK 0136

Central Transport Corporation of India vs Commissioner, Commercial Tax

Allahabad High Court · Decided on 15 February 2017 · Citation: (2017) 95 UPTC 348

HON’BLE JUDGES
Ashwani Kumar Mishra, J.
RESULT
Disposed Off
CASE NUMBER
Trade Tax Revision No. 63 of 2017

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Judgment

5 paragraphs · 236 words

Ashwani Kumar Mishra, J.—It is submitted that the transport vehicle in question was detained within the time for which TDF certificate was operative, and therefore, the authorities acted in high handed manner. It is also stated that a fresh TDF certificate could be generated only after surrendering the previous one, and that the software itself would not issue a fresh TDF form, during continuation of previous certificate. It is also stated that seizure of goods under the facts and circumstances is wholly perverse.

2.

Learned Standing Counsel submits that the submission advanced on behalf of the revisionist touches upon the claim on merits, which can be gone into at appropriate stage.

3.

Prima facie from the materials placed, this Court finds that at the time when the vehicle itself was seized a valid TDF certificate was in existence. It is also the averment of the assessee that it had procured a new certificate after surrendering the previous one. No other illegality has been shown either.

4.

In such circumstances, I am of the opinion that ends of justice would be met in directing release of the goods to the dealer upon the dealer submitting an indemnity bond. In the event that be done, the goods shall be released by the authorities, which shall be subject to the proceedings that may be drawn in accordance with law.

5.

With the aforesaid observations, this revision stands disposed of.