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In the present case, the goods were transported on payment of tax but, however, the dealer intends to re-sell the goods from his dealership. In such circumstances, suspicion of evasion cannot be brushed aside at this stage.

Shanti Prime Publication Pvt. Ltd.

Detention of goods— E-way bill not produced—In the instant case, contention of department is that the notification about purchase and movement of goods is available only on uploading of E-way bill, without that, there could be an evasion suspected.
Held that— The goods were transported on payment of tax; but, however, the dealer intends to re-sell the goods from his dealership. In such circumstances, suspicion of evasion cannot be brushed aside at this stage.
Therefore, the court set aside the interim order and direct release of the goods on execution of a simple bond for the value of goods in the prescribed form and furnishing of security in the form of Bank Guarantee equivalent to the amount of applicable tax and penalty.


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