47. Transit Pass and a Radio Frequency Identification (RFID) Tag or any other tracking device offered by the Department
Where a vehicle carrying goods coming from any place outside the State and bound for any other place outside the State, pass through the State, the driver or other person-in-charge of such vehicle shall obtain in the prescribed manner a transit pass and Radio Frequency Identification (RFID) Tag or any other tracking device offered by the department from the officer-in-charge of the first check post or barrier after his entry into the state and deliver it to the officer-in-charge of the last check-post or barrier before his exit from the State, failing which it shall be presumed that the goods carried thereby have been sold within the State by the owner or person-in-charge of the vehicle and accordingly the tax shall be assessed and penalty, if any shall be levied in accordance with the provisions of the Act:
Provided that where the goods carried by such vehicle are, after their entry into the State, transported outside the State by any other vehicle or conveyance, the burden of proving that the goods have actually moved out of the State shall be on the owner or person-in-charge of the vehicle.
Provided further that were it is found any motor vehicle fails to carry the Radio Frequency Identification (RFID) Tag or any other tracking device offered by the Department or tampers the tag or device, the driver or other person in charge of such vehicle shall be liable to a penalty of Rs.10000 /- (Rupees ten thousand only) or equal the amount of tax on goods carried in the vehicle, whichever is higher:
Provided also that before levying the penalty the officer in-charge of the Check-Post or barrier shall give the person affected an opportunity of being heard.
Explanation: If a vehicle is hired for transportation of goods by any person, the hirer of that vehicle shall be deemed to be the owner of the vehicle.
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