The goods being transported in connection with the business of the petitioner, a company engaged in the manufacture and sales of food flavouring Essences, were intercepted and detained on 14.11.2014 by the first respondent/Intelligence Inspector under Section 47(2) of the KVAT Act. The petitioner is a registered dealer under the KVAT Act and CST Act and is an assessee on the rolls of the second respondent/Commercial Tax Officer as borne by Ext.P1 registration.
2. Heard the learned Government Pleader, who submits with reference to the materials on record that the reason for detention is that the goods under transport were not declared in On Line Form 8FA as prescribed under Section 47(3)(e) of the KVAT Act, 2003; hence tax evasion suspected and security demanded for the estimated value.
3. This Court does not propose to go into the merits of the case, as the matter requires to be finalised by way of adjudication proceedings. However, this Court does not find it W.P.(C)No.30956 OF 2014 2 necessary to detain the goods any further and the same shall be released to the petitioner on condition that the petitioner deposits 25% of the amount shown in Ext.P4 and furnishes a 'simple bond' without sureties for the balance amount. It is made clear that this will be without prejudice to the rights of the respondents to pursue the adjudication proceedings, which exercise shall be completed in accordance with law, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of the judgment. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the concerned respondent for further steps.
The Writ Petition is disposed of as above.
P.R.RAMACHANDRA MENON JUDGE lk