The goods brought by the petitioner in the concerned vehicle was detained by the 1st respondent issuing notice under Section 47(2) of the KVAT Act doubting evasion of tax and demanding security deposit as specified therein. This made the petitioner to approach this Court by filing W.P.(C). No. 31594 of 2014, which was disposed of as per Ext.P2 judgment dated 26.11.2014. The operative portion of which reads as follows:
“3. After hearing both the sides, this Court finds that this is a matter which requires to be finalized by way of adjudication proceedings under Section 47(6) of the KVAT Act. But, for that reason, the goods need not be detained and the same shall be released to the petitioner forthwith, on satisfying 25% of the security deposit demanded vide Ext. P17 and on executing a 'simple bond' without sureties for the balance amount, to be executed by the authorised representative of the petitioner Company and also by the authorised signatory of the consignee. This however shall be without prejudice to the rights and liberties of the 1st respondent/competent authority to proceed with the adjudication proceedings, which shall be finalized in W.P.C. No. 32858 of 2014 -2-
accordance with law, as expeditiously as possible at any rate, within 'three months' from the date of receipt of a copy of this judgment.”
2. The grievance of the petitioner is that, the consignee is not ready to execute any bond and in the said circumstance, the petitioner is constrained to approach this Court again by way of this writ petition. Pursuant to the above judgment passed by this Court, it is stated that the petitioner has satisfied 25% of the security deposit and is agreeable to furnish Bank Guarantee for another 25%, to prove the bonafides.
3. Heard the learned Government Pleader as well.
4. After hearing both the sides, this Court finds that, the goods need not be detained any further and the same shall be released to the petitioner forthwith, on furnishing Bank Guarantee for another 25% and on executing a 'simple bond' without sureties for the balance amount. This however shall be without prejudice to the rights and liberties of the 1st respondent/competent authority to proceed with the adjudication proceedings, which shall be finalized in accordance with law, with notice to the petitioner, as expeditiously as possible at any rate, W.P.C. No. 32858 of 2014 -3-
within 'two months' from the date of receipt of a copy of this 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.
kp/-
P.R. RAMACHANDRA MENON, JUDGE.