1. Cffice of the CommissioL r
i -1 3486/09/TX Commercial Taxes
Thiruvananihapruam dtd. 25-03-2009
From
The Commissi0ner
To
The Prirrcipal secretary to Government
Taxes (D) DeParlment
Government of Kerala
Sir,
Sub:HighhandedactionofMr'safiyullaSyed'DySP'VACB-Factualreport-
submitted - reg'
Ref: Nil.
TheVACBteamofThrissurdistrictinspectedofficeofthelntelligenceformation team was headed
on t,a-og-zobg .t 4 pm. The VACB
of commercial raxes Department into the
oi pofi""' They straight away entered
by Sri. Safiyulla SV"O,"OV irperlntenOent No- 2 lniesiigation Branch of the
office of lntelligence"btri'r"i, bquao ruoli, squuo *'". 1d commerciar Taxes Department
interigence formation. The VACB
,u#' r"q]r*t"J accordingly'
in in"ir custody. They proceeded
officiars to decrare the personur "rorni to the some dealers'
Thereafter, the Dy. S.P. specificaLty
requett"Jitt"in filbs relating
*f,i.f't *"tu franOed over by the officials'
Asst'
attached to the office of the lnspecting
The lntelligence officer squad No'2 -iu*"t' Thrissur while conducting vehicle
Commissioner (lntelligence), Cornrn"iJi'r checked a
checking at Poonkun-n"rn,'ihri.su,
onlZ-Oi-2009 had iniercepted and board' on
pynkoda,wooden logs on
vehicle bearing No.KL-11-D 5g1g J"rr;,ing iti" to a
verification
ooofs, certain points leading
of the documents u."ornlfrn'yi;"n payment. of tax due to the government
reasonable suspicion about attenrpt
i!-"""0" form
were noiiced. Hence the intelligen""
ri'i'"1t"1'tt'9r't9o to the Squad has issued of
Act demanding a security deposit
17A notice under section 47(2) c,t irl."kvAr goods
ttt* i'iu"' raised a cJntention that the are
Rs.308361 On receipt of the saiO notlcl, There
*i-'i"t"' no documents were produced'
are being tr"nrpoJul'for own use foi tn
instances oioltection of transpo't
oitito"r from Movattupuzha to Malappuram
transporters have remitied the
earlier security
the guise of own tr",-*f..'l.f. on O*t"li;t;
iil
depositsanoreteas"otr,uvehicle.s"-pn*'r".l"l:i"wasreasontosuspectthe
bonafids of the ttu*pottlor which
statutory notice was issued'
TheVigilanceDySPl/lr.SafiyullaSyedhSspecificallyaskedtoreleasethe
of the Dy sP was not conceded' at
the
vehicle unconditionally. since tne oiiect[i-
Jectaration in Form'16 on 19/3i2009'
instance of the Dy SP, the driver r-'"0?ii"J'"
local
squad had conducted ehquiry in the
ln order to gather details the intelligence office and Village office' ln
area of the consignee including the rtrli"r,r.ur"'Panchayat
[,rf"nquity the following facts were noticed:-
)Thesaidconsigneeiudealingintimber/firewood/cutendslocally.
authorities or village
2) The consignee haci. never aRprglchedpermiss'ron for the construction of a
]l:,:"nchayat
authority for obtaining any siatutory
residential building.
- I ltlllriFrrsl:r"'*"""------!
r-'r
GticE or rxE coillhtlsslor';';q ?
corfiMqq,ctAl TAXES r t- i
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tA, ;'i Ai=iT H AP u R'*'[1
KERALA, TH I Ri,l
ACT 2O*5

2. li
3) There is a timber depot within a span of threg hundred meters
of his residence
wherein all sorts of wood are available. when'the lntelligence
officer enquired in
that saw mill it is learnt from the workers ihat one .on*iinr*nt
due to them was
held by "sales tax auihorities some where in Thrissur". S-o from
this it is clear that
the'consigriment is not for the said Pokker, but to the sawmill of
Aliyar for
effecting resale.
4) Even though similar consignment of goods are
available to the consignee from
his own district or nearby district, the story that the dealer had
purchase goods from a far away place spending
ventured io
a much higher value as lorry
freight is suspicious.
5) ln this case, the consigtrEr M/s. M.M Saw Mill & lndustries,
Moovattupuzha is a
registered dealer on the roll of VAT Special circle perumbavoor
and the said
timber 6eP?t- in the nearby place of the consignee is run
oy one Ariy4 who also
belongs to Moovattupuzha.lt is suspected that the said
Aliyar is a benami of the
consigner' So. there ls every. possibility of collusion between
consignee and the said Aliyar in tra.nsporting goods in
the consigner,
the name oi pokker, the
consignee for effecting unaccounted sales r^Juiltting in
evasion of iax legally due
to state.
ln addition to that it is a fact that neither the consign@r nor
appeared or filed any reply to the statutory notice issued the consignee
by the lntelligence lnspector so
far' Hence a notice rejecting the form-16
froducecl ny ir,* orioer was issr-red to the drirrer.
But he refused to accept the same. Hence the noiice
was served by affixture on the
vehicle.
It may also be noted thai the party had fited wfr(c) 9393i0g
couri in which the Hon High court refused to interfere in the Hon t-.ligh
with the detention. The couri had
directed the petitioner to flle reply to the notice which
is required to be disposed by the
lntelligence officer within 24 hours on receipt of the
same.
The action''of the Dy SP Mr. Safiyulla Syed borders
on offences under section 70
of the KVAT Act and relevant provisions in the penat
coJe relating to obstructing a public
servant from the discharge of his statutory duties.
His action would have caused revenue
loss and undue gain to the tax evader. Moreover,
sri. sariyuila syed has used the most
obnoxious and foul language against the officers
and even manlrandled the staff during
inspection in-frorrt or gene-t pioti" and dealers,
which has caused irreparable damage
to the digniiy of the Department as a whole.
ln the hlghhanded iilegat actions on the parr of Mr safiyuila
Syed has to b :i::::^r:r.T:"::jjl
serior,*l]l and appropriat* exemptary disciptinary
__.._-_,f, s,,v eFy,v}/,rqre encrilptclty qtSutpilnary
r
[::Y?j Y:Y such iilegar action acllon may
acti
be initiated t him so that wiil not be repeateo ii., iririu.
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