✦ Kerala High Court · 01 Mar 2007

AND INFRASTRUCTURE PVT. LTD.(EARLIER KNOWN AS TELECOM TOWER AND INFRASTRUCTURE PVT.LTD v. THE INTELLIGENCE INSPECTOR

WP(C) No. 6740 of 2007K BALAKRISHNAN NAIR

Case at a glance

Outcome

Disposed of

The writ petition is disposed of as above

Provisions considered

Key paragraphs

  • Para 33. If the petitioner furnishes security for the amount demanded under Ext.P8 to the satisfaction of the first respondent, the consignment shall be released forthwith. The first respondent shall forward the file leading to the issuance of Ext.P8 to the CommercialTaxes Officer (Enquiry) having jurisdiction…

Judgment

K.BALAKRISHNAN NAIR, J.----------------------------WP(C).No.6740 OF 2007-B-------------------------------Dated this the Ist day of March, 2007.JUDGMENT This writ petition is filed challenging Ext.P8 notice issued by the first respondent, under Section 47 (2) of the Kerala Value Added TaxAct, 2003. A consignment along with the vehicle has been detained calling upon the petitioner to furnish security for Rs.61,750/-. Theconsignee is Aegis CRM Solutions Pvt. Ltd. The petitioner submits, the said name has been later changed as Essar Telecom and InfrastructurePvt. Ltd. The petitioner prays for releasing the goods in respect of which Ext.P8 notice has been issued.

2.

Heard the learned Government Pleader for the respondents. Thelearned Government Pleader, upon instruction, submitted that the consignment was not accompanied by any documents and therefore it was detained by the first respondent.

Operative part

3.

If the petitioner furnishes security for the amount demanded under Ext.P8 to the satisfaction of the first respondent, the consignment shall be released forthwith. The first respondent shall forward the file leading to the issuance of Ext.P8 to the CommercialTaxes Officer (Enquiry) having jurisdiction over the matter. The saidOfficer shall pass final orders on Ext.P8, after affording an opportunity WPC 6740/20072of being heard to the petitioner, within six weeks from the date of production of a copy of this judgment. The writ petition is disposed of as above.K.BALAKRISHNAN NAIR,MS JUDGE.

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: The writ petition is disposed of as above

Which court decided this case, and when?

Kerala High Court, on 01 Mar 2007. The bench was K BALAKRISHNAN NAIR.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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