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2014 (9) TMI 638

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..... gistration No.KA 06 D 1290, and the goods were detained by the respondent on the ground that they were transported from Tamil Nadu by using inter-state invoice to evade tax payable in the State of Tamil Nadu. 3. The petitioner in response to the said notice dated 15.7.2014, submitted his reply stating that the goods have been transported from the petitioner company, which has been registered under Karnataka Value Added Tax Act with TIN No.29950631978, SY No.97/p, Sabamangala Gate, Samandhur, Anekal (Tk) Bangalore, Karnataka, to M/s.Dinesh Enterprises, which is also registered under Karnataka VAT Act with TIN No.29280133912, No:690, 10th Main, 80 ft. Road, Vinayaga Layout, Nagarbhavi, Bangalore, Karnataka and since it is a shortest route, t .....

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..... , (M/s.The State Trading Corporation of India Limited Vs. The Commercial Tax Officer, Chennai.), considered the similar issue and quashed the impugned orders by directing the official respondent therein/Commercial Tax Officer to release the goods subject to payment of certain sum as contemplated under the Act, and also made it clear that the petitioner therein has to subject himself to adjudication proceedings that may be initiated by the official respondent therein, and he would submit that in the light of the facts and circumstances, similar order can be passed. 7. Per contra, Mr.V.Haribabu, learned Additional Government Pleader (Taxes) appearing for the respondent, would contend that the only intention of the petitioner is to evade paym .....

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..... tances of the case, is disposing of the writ petition by passing the following order. 10. The petitioner without prejudice to his rights and contentions, shall pay a sum of Rs. 50,440/- (Rupees fifty thousand four hundred and forty only) being onetime tax, as demanded in the impugned notice, and insofar as the compounding fee of Rs. 1,00,880/-, he shall offer personal bond to the satisfaction of the respondent, both within a period of one week from the date of receipt of copy of this order and on such compliance, the respondent is directed to release the goods detained, in terms of the impugned notice, forthwith. The writ petition is disposed of accordingly. No costs. Consequently, connected MP is closed.
Case laws, Decisions, Judgemen .....

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