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M/s. V-Gen Power Systems & Services v/s The Deputy Commercial Tax Officer, Katapadi Check Post

    Writ Petition No. 26680 of 2012

    Decided On, 28 September 2012

    At, High Court of Judicature at Madras


    For the Petitioner: K. Vaitheeswaran, Advocate. For the Respondents: Cibi Vishnu, Additional Government Pleader., Advocate.

Judgment Text

(Prayer: Petition filed seeking for a Writ of Certiorarified Mandamus to call for the records of the Respondent in the impugned proceedings GD No.87/2012-2013 dated 25.09.2012 detaining the goods of the petitioner; quash the same and direct the Respondent to release the goods detained on 25.09.2012 vide Goods Detention Notice GD No.87/2012-2013 dated 25.09.2012.)

1. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader, 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.4,16,721/-, 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 r

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