High Court Madras High Court

Electrotech Enterprises vs The Commercial Tax Officer on 3 March, 2011

Madras High Court
Electrotech Enterprises vs The Commercial Tax Officer on 3 March, 2011
       

  

  

 
 
 IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 3.3.2011

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN

Writ Petition No.4836 of 2011



1    ELECTROTECH ENTERPRISES                      
      (GUINDY)  PVT. LTD.  
    PLOT NO.2-C  INDUSTRIAL  ESTATE  
    GUINDY  CHENNAI-32.							[ PETITIONER  ]


          Vs

1    THE COMMERCIAL TAX OFFICER                   
     (ENFORCEMENT)  ROVING SQUAD  
     KANCHEEPURAM.							[ RESPONDENT  ]

Prayer: Petition filed seeking for a Writ of Certiorari, calling for the records of the Respondent culminating in the notice GD No.78/2010-11 dated 17.02.2011 and the consequential compounding notice in Form 043 dated 21.02.2011  quash the same.
		For Petitioner         : Mr.A.S.Kailasam

		For Respondents    : Mr.K.Radhakrishnan 
				           Government Advocate (Tax)
O R D E R

1. Heard the learned counsel appearing for the petitioner and the learned Government Advocate for taxes, appearing on behalf of the respondent.

2. By consent of both the parties, the writ petition is taken up for final disposal.

3. In view of the similar orders passed by this Court, in a number of writ petitions, including the order, dated 21.12.2010, made in W.P.No.29050 of 2010, the following order is passed:

i) The petitioner shall pay the amount of tax demanded by the authority, while passing the detention order.

ii) On payment of such tax amount, the goods detained shall be released and the same shall be subject to the final adjudication order, which may be passed by the authority concerned.

iii) It is made clear that, while making recovery of the tax amount due, the amount of tax already paid shall be deducted.

iv) The respondent shall complete the adjudication process, as expeditiously as possible.

4. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition No.1 of 2011 is closed.

lan
To:

1    THE COMMERCIAL TAX OFFICER                   
     (ENFORCEMENT)  ROVING SQUAD  
     KANCHEEPURAM