IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.2.2011
CORAM
THE HON'BLE MR.JUSTICE M.JAICHANDREN
Writ Petition No.3579 of 2011
1 M/S.TOPNOTCH INFOTRONIX INDIA [ PETITIONER ]
PVT.LTD. REP.BY ITS DIRECTOR SANDEEP DOSHI
NO.6C, VALLIAMMAL ROAD, VEPERY
CHENNAI-7.
Vs
1 THE COMMERCIAL TAX OFFICER [ RESPONDENT ]
ROVING SQUAD-I ENFORCEMENT (EAST)
GREAMS ROAD CHENNAI-6.
Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Certiorarified Mandamus calling for the records of the Respondent in his Goods Detention Notice No.38/2010-11 dated 2.2.2011 in Form No.041 and consequential Compounding Notice in Form No.043 in OR.No.G.D.No.38/2010-11 dated 08.02.2011 and quash the same as illegal and direct the Respondent to release the goods of multimedia speakers covered by invoice No.H005094 dated 31.01.2011 and detained vide Goods Detention Notice No.38/2010-11 dated 02.02.2011 immediately.
For petitioner : Mr.S.Ramanathan
For respondent : Mr.K.Radhakrishnan
Government Advocate (T)
O R D E R
The main contention of the learned counsel appearing for the petitioner is that the respondent does not have the power to assess the rate of tax, in respect of the goods in question. He had also submitted that it is the concerned assessing officer, who could fix the rate of tax to be paid by the petitioner, in respect of the goods in question.
2. The learned Government Advocate (Taxes) appearing for the respondent had submitted that the Assistant Commissioner (CT), Assessment Circle, Purasawakkam, shall assess the goods in question, described by the petitioner as multimedia speakers, covered by invoice No.H005094, dated 31.1.2011, detained by the respondent, vide goods detention notice No.38/2010-11, dated 2.2.2011, with regard to the payment of the appropriate amount of Value Added Tax, in respect of the said goods, under the Tamil Nadu Value Added Tax Act, 2006, and pass appropriate orders thereon, on merits and in accordance with law, within the time specified by this Court.
3. In view of the submissions made by the learned counsels appearing for the petitioner, as well as the respondents, it is made clear that the the Assistant Commissioner (CT), Assessment Circle, Purasawakkam, Chennai, is to inspect the goods in question, within seven days from the date of receipt of a copy of this order and to pass appropriate assessment orders thereon, in respect of the said goods, as per the Tamil Nadu Value Added Tax Act, 2006, within fifteen days thereafter, after giving an opportunity of hearing to the petitioner. On such assessment orders being passed, it would be open to the petitioner to get the goods released, immediately, thereafter, on payment of the assessed tax amounts.
The writ petition stands ordered accordingly. No costs. Connected M.P.Nos.1 and 2 of 2011 are closed.
lan
To:
1 THE COMMERCIAL TAX OFFICER
ROVING SQUAD-I ENFORCEMENT (EAST)
GREAMS ROAD
CHENNAI 6