By Advs.sri.harisankar v. Menon

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 27TH DAY OF AUGUST 2013/5TH BHADRA, 1935 WP(C).No. 21252 of 2013 (F) ---------------------------- PETITIONER(S): -------------------------- M/S.VADAKKKUMBRAM GRANITE CRUSHER KAREKKADU P.O., MARAKKARA, KADAMPUZHA MALAPPURAM DISTRICT RERPRESENTED BY ADNAN MANDREES K., MANAGING PARTNER. BY ADVS.SRI.HARISANKAR V. MENON SMT.MEERA V.MENON SRI.MAHESH V.MENON RESPONDENT(S): ---------------------------- 1. AGRICULTURAL INCOME TAX AND COMMERCIAL TAX OFFICER, KOTTAKKAL - 676 503. KOTTAKKAL - 676 503. 2. COMMERCIAL TAX INSPECTOR COMMERCIAL TAX CHECK POST, BANGARA, MANJESHWAR - 671 323. BANGARA, MANJESHWAR - 671 323. BY GOVERNMENT PLEADER SMT. SOBHA ANNAMMA EAPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON27-08-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER(S)' EXHIBITS RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE. V. CHITAMBARESH, J -------------------------------- WP(C) NO. 21252 OF 2013 ------------------------------------ Dated this the 27[th] day of August, 2013 JUDGMENT The petitioner seeks release of the goods detained underExt.P4 notice. The Government Pleader points out that thedocuments accompanying the consignment are discrepant. Thisis emphatically denied by the petitioner contending that there isno attempt to evade tax as alleged. 2.I direct the second respondent to release the goods sodetained on condition that the petitioner deposits 25% of thesum demanded as security in Ext.P4 notice and executes asimple bond without sureties for the balance sum. The sameshall however be subject to the adjudication proceedings whichshall be finlised by the competent officer soon. The competentofficer shall undoubtedly advert to Exts.P5 and P6 judgments inthe exercise to be completed as directed above. The Writ Petition is disposed of. ncd V. CHITAMBARESH JUDGE