IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 6.4.2011
CORAM
THE HONOURABLE MR.JUSTICE M.JAICHANDREN
Writ Petition No.8516 of 2011
1 MICROMAX INFORMATICS LTD. [ PETITIONER ]
REP. BY ITS AUTHORISED REPRESENTATION
MR. SHARWAN KUMAR
NO.4, G2, ANJANA APARTMENTS
10TH STREET NANGANALLUR CHENNAI-61.
Vs
THE ASSISTANT COMMISSIONER (CT)
PUZHAL CHECK POST (INCOMING) AT PETHIKUPPAM
GUMMUDIPOONDI-601 201. [ RESPONDENT ]
Prayer: Petition filed seeking for a Writ of Mandamus directing the respondent to release the vehicle bearing Reg.No.DL IM 4421 after accepting the tax at the rate of 12.5% on the total value of the goods and waive the compoundable fee at two times.
For Petitioner : Mr.P.Vishnu
For Respondents : Mr.R.Mahadevan
AGP (T)
O R D E R
1. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader 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.
Index:Yes/No 6.4.2011
Internet:Yes/No
lan
Note to Office:
Issue copy of the order 6.4.2011
To
THE ASSISTANT COMMISSIONER (CT)
PUZHAL CHECK POST (INCOMING) AT PETHIKUPPAM
GUMMUDIPOONDI-601 201
Issue copy of the order 6.4.2011
M.JAICHANDREN,J.
lan
Writ Petition No.8516 of 2011
6.4.2011