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M/s. A.R. Bachawat Trading (P) limited, Represented by Hemant Raj, Chennai v/s The Commercial Tax Officer, Roving Squad I, Coimbatore

    Writ Petition No.21547 of 2012
    Decided On, 06 August 2012
    At, High Court of Judicature at Madras
    For the Petitioner: C. Venkatraman, Advocate. For the Respondents: J. Adhitya Reddy, Government Advocate (T).

Judgment Text
(Prayer: Petition filed seeking for a Writ of Certiorarified Mandamus calling for the records on the files of the respondent in G.D.No.5929/2012 dated 31.7.12 and quash the same as being invalid and illegal and further directing the respondent to release the detained goods immediately.)

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 of Rs.4,41,000/-, 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

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shall complete the adjudication process, as expeditiously as possible. 4. The Writ Petition is disposed of accordingly. No costs.