ANES BABU K U Vs. COMMERCIAL TAX INSPECTOR

JUDGEMENT

(1.) THE petitioner is a registered dealer under the KVAT Act, who transported certain goods on the strength of Ext.P2 invoice in a vehicle bearing Reg.No.KA-01-C-8276, when it was intercepted in the course of transit on 22/07/2012 issuing Ext.P1 notice under Section 47(2) of the KVAT Act doubting evasion of tax and demanding security deposit to an extent of Rs. 16,200/-, which forms the subject matter of challenge in this writ petition.

(2.) THE learned counsel for the petitioner submits that, the defect noted is rather technical in nature and that apart, the tax liability has been sought to be worked out adopting the rate of tax which is not applicable to the particular item, which is part of the machinery, taxable only @ 5%.

(3.) AFTER hearing both the sides, this Court finds that whether any attempt was there on the part of the petitioner to evade the tax is a matter to be considered and adjudicated in the appropriate proceedings. But, for that matter, the goods need not be detained any further and it shall be released to the petitioner, forthwith on satisfying 50% of the security deposit demanded in Ext.P1 and executes a 'simple bond' without sureties for the balance amount. This shall be without prejudice to the rights and liberties of the respondents to pursue the adjudication proceedings, which shall be completed as expeditiously as possible. Writ petition is disposed of.