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