Topnotch Infotronix India Pvt. Ltd. vs The Commercial Tax Officer

M. Jaichandren, J.—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.

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 there on, on merits and in accordance with law, within the time specified by this Court.

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, there after, 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.