Dhokane Digambur Subhash vs The Check Post Officer on 9 March, 2011

       

  

  

 
 
 IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2011

C O R A M

The Honourable Mr. Justice M.JAICHANDREN

Writ Petition No.6703 of 2011
and
M.P.No.1 of 2011



Dhokane Digambur Subhash,
Post Mokal Ohal, Tal-Rahuri,
District  Ahmednagar,
Maharashtra.							...  Petitioner
	
Versus

The Check Post Officer,
Puzhal Check Post (Incoming),
Pethikuppam, Chennai  601 201.				...  Respondent


Prayer: Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus to call for the records of the respondent in C.D.No.4071/2010-2011 and quash the impugned proceedings dated 06.03.2011 and further direct the respondent to release the detained "Sugarcane Harvestor 4000 series, Chassis No.400041 and Engine No.36191858 along with the Goods vehicle bearing Registration No.MH-12 EQ 9539 without imposing any condition of payment of one time tax and double the amount of tax payable as per section 72(1)(a) of the TNVAT Act as compounding fee.


		For Petitioner		: Mr.P.Rajkumar
		For Respondent   	: Mr.R.Mahadevan	
	  			        Additional Government Pleader (T)

ORDER

Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader (Tax) appearing on behalf of the respondent.

2. At this stage of the hearing of the writ petition, the learned Additional Government Pleader (Tax) appearing on behalf of the respondent, on instructions, had submitted that the Sugarcane Harvesting machine in question, shall be released by the respondent on payment of Rs.3,48,000/-, said to be tax due to be paid by the petitioner.

3. In view of the submission made by the learned Additional Government Pleader (Tax) appearing on behalf of the respondent, the respondent is directed to release the Sugarcane Harvesting machine in question, on the petitioner making the payment of the amount of tax due, as stated above. However, it is made clear that it would be open to the petitioner to challenge the tax liability, as well as the compounding fee, assessed by the respondent, before the appropriate authority, in the manner known to law.

4. The writ petition is ordered accordingly. Consequently, connect miscellaneous petition is closed. No costs.

cse
To

The Check Post Officer,
Puzhal Check Post (Incoming),
Pethikuppam,
Chennai 601 201