High CourtsSingle Bench(2012) 09 MAD CK 0047

Klene Paks Limited vs The Commercial Tax Officer, (Enf), Roving Squad, Vellore

Madras High Court · Decided on 6 September 2012

HON’BLE JUDGES
M. Jaichandren, J
RESULT
Dismissed
CASE NUMBER
Writ Petition No. 24491 of 2012 and M.P. No. 1 of 2012

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Judgment

25 paragraphs · 405 words

Honourable Mr. Justice M. Jaichandren

1.

Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing on behalf of the respondent. By

consent of both the parties, the writ petition is taken up for final disposal.

2.

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 a sum of Rs. 3,07,056/-, which is the amount of tax demanded by the authority concerned, 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.

3.

The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

4.

This matter was taken up for hearing today, ''on being mentioned''. On hearing the learned counsel appearing on behalf of the petitioner and the

learned counsel appearing on behalf of the respondent, the earlier order, dated 6.9.2012, made in W.P.No.24491 of 2012, shall stand modified

and a fresh order is passed, as follows:

1.

Heard the learned counsel appearing for the petitioner and the learned Government Advocate 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 concerned, 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.