High CourtsSingle Bench(2011) 03 MAD CK 0395

ETA General Private Limited vs Deputy Commercial Tax Officer, Roving Squad III, Enforcement (Central) and Commercial Tax Officer, Roving Squad III, Enforcement (Central)

Madras High Court · Decided on 8 March 2011

HON’BLE JUDGES
M. Jaichandren, J
CASE NUMBER
Writ Petition No. 5948 of 2011

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Judgment

12 paragraphs · 185 words

M. Jaichandren, J.—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 is closed. Consequently, Miscellaneous

Petitions in M.P. Nos. 1 and 2 are closed.