Hon'ble Prakash Krishna,J.
Learned standing counsel prays for and is granted three weeks' time is granted to file counter affidavit.
The Assistant Commissioner, Commercial Tax, Mobile Squad, Unit-1, Allahabad (respondent no. 3) issued a show cause notice dated 28.04.2012 alleging that the petitioner has under valued the price of coal. In so far as the invoice mentions the rate of coal is Rs.2300/- per metric ton whereas the market rate is Rs.7,500/- to 8,000/- per metric ton. Learned counsel for the petitioner submits that the rate mentioned therein cannot be discarded by the VAT authorities. He has placed reliance upon a decision of this Court in The Commissioner, Commercial Tax vs. M/s Sahastra Enterprises 2011 NTN (Vol. 47)-119. He has also placed reliance upon a circular dated 9th September, 2011 issued by Commissioner, Commercial Tax, Uttar Pradesh.
Learned standing counsel may filed counter affidavit within three weeks.
In the meantime, we direct that subject to giving security by the petitioner to the amount of coal @ Rs.7,500/- per metric ton as assessed by the respondent-VAT authorities other than cash and bank guarantee , the goods shall be provisionally released to the petitioner.
List thereafter.
(Prakash Krishna,J) (Ashok Bhushan,J) Order Date :- 3.5.2012 MK/