Tvl.Beetel Teletech Limited v. The Commercial Tax Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE:21.06.2016

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.21065 of 2016 & W.M.P.No.18026 of 2016 Tvl. Beetel Teletech Limited Formerly Bharti Airtel Teletech Ltd., represented by its Authorised Signatory Survey No.1315/2, No.89, G.N.T.Road Madhavaram, Chennai - 600 110 .. Petitioner Vs.

The Commercial Tax Officer Roving Squad-III Enforcement (Central) Chennai - 600 006.

.. Respondent Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus calling for the records of the respondent in his proceedings in G.D.No.1041/2016-17/RS-III [C] dated 14.06.2016 and quash the detention notice as illegal and contrary to the provision of the TNVAT Act and direct the respondent to release the goods without demanding one-time tax and two-time compounding fee.

For Petitioner : Mr.A.Ravichandran For Respondents : Mr.V.Haribabau

O R D E R

Heard Mr.A.Ravichandran, learned counsel for the petitioner and Mr.V.Haribabu, learned Additional Government Pleader appearing for the respondent. With the consent of learned counsel appearing on either side, the writ petition itself is taken up for final disposal.

2. The petitioner has filed this writ petition challenging the Goods Detention notice issued by the respondent in G.D.No.1041/2016-17/RS-III [C] dated 14.06.2016. https://hcservices.ecourts.gov.in/hcservices/

3. The learned counsel for the petitioner, on instructions, submitted that the petitioner is ready and willing to pay the one time tax at 5%, quantified as Rs.15,22,365/-.

4. The learned Additional Government Pleader submits that if the petitioner pays the one time tax, goods may be directed to be released.

5. In the light of the above, the writ petition is disposed of by directing the petitioner to pay one time tax quantified at Rs.15,22,365/- and if such payment is made, good shall forthwith be released. It is left open to the petitioner to work out his other remedies under the provisions of the Tamil Nadu Value Added Tax Act, 2006. No costs. Consequently, the connected miscellaneous petition is closed. gpa Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To The Commercial Tax Officer Roving Squad-III Enforcement (Central) Chennai - 600 006.

+ 1 cc to Mr.A.Ravichandran, Advocate Sr 34046 KR/21/6/16 W.P.No.21065 of 2016 & W.M.P.No.18026 of 2016 https://hcservices.ecourts.gov.in/hcservices/