The version of the petitioner is that the goods were accompanied by Form 8F declaration. However, this is a matter which requires to be considered by the adjudicating authority during the course of the adjudication proceedings and hence this Court does not intend to express any opinion in this regard. There is no averment in the writ petition that the above observation is wrong. But on confronting with the factual and legal position, it appears that the petitioner furnished declaration in Form 8FA on
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M effecting a detailed calculation as to the actual facts and figures and demanding security to a reduced extent of Rs.
KVAT Form 8FA
There is no explanation for the petitioner anywhere in the writ petition. On going forj the materials of record, it is seen that the absence of Form 8FA in support of the transportation stands conceded.
But on confronting with the factual and legal position, it appears that the petitioner furnished declaration in Form 8FA on P5, reads as follows:.
However, this is a matter which requires to be considered by the adjudicating authority during the course of the adjudication proceedings and hence this Court does not intend to express any opinion in this regard.
P6 is that the change of legal position 8da not known to the 'consignor'. The fact remains that the 'consignor' is in no way connected with filing of Form 8FA declaration as involved in the present case and the duty to give the declaration in the instant case was upon the petitioner.
The items covered by invoice No. That apart, on going through the merits involved, the reason for detention as given by the detaining authority in Ext. There is no denial of the factual position as to the physical verification of the container, which was lying open on the side of the road.
Moly Paulson vs Intelligence Inpsector on 27 May,
The version of the petitioner is that the goods were accompanied by Form 8F declaration. The goods as above were brought through 8a Shipping Agency via Cochin Port and the container was being taken to the destination after customs clearance. M, when a revised notice was issued by the first respondent on the same date i. There is no averment in the writ petition that the above observation is wrong.
KVAT Form 8FA - VAT Forum
The necessity to have such a form is well prescribed under Section 46 3 e of the Act. P3 series invoices bearing Nos. This shall be without prejudice to the rights and liberties of the petitioner to proceed with the adjudication proceedings, which shall be finalized in accordance with law, as expeditiously as possible.
The petitioner, who is a dealer in food stuffs on the rolls of the second respondent, brought some goods, particularly 'Oats' and 'Choco flakes' covered by Ext. P5 notice dated There is no case for the petitioner that he was not aware of the change of the legal provision. The learned counsel for the petitioner submits that it was only a 'technical mistake' and that the change in the relevant provision of law was not known to the 'consignor', which led to filing of Form 8F declaration, instead of Form 8FA declaration.