Justice SM Subramaniam of Madras HC issues non bailable arrest warrants against individuals who had imported earth movers from China in 2008 but hadn’t paid entry tax. Their counsel said his clients aren’t responding & that they are not in a position to pay the tax. Full order THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.Nos.26205 to 26207 of 2008   W.P.No.26205 of 2008   M/S.GRANDHE CONSTRUCTION PVT             

IN THE HIGH COURT OF JUDICATURE AT MADRAS

 

DATED  : 31.08.2021

 

CORAM

 

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

W.P.Nos.26205 to 26207 of 2008

 

W.P.No.26205 of 2008

 

M/S.GRANDHE CONSTRUCTION PVT            

NO.728  FOURTH STREET,

ANNA NAGAR  FOURTH STREET,

ANNA NAGAR WESTERN EXTN.  CHENNAI –

101  REP. BY ITS DIRECTOR.                                      …            [ PETITIONER  ]

Vs.

 

1.THE GOVERNMENT OF TAMIL NADU

REP. BY ITS SECRETARY TO GOVT.

COMMERCIAL TAXES DEPARTMENT,

FORT ST. GEORGE, CHENNAI-9.

 

2.THE ASST. COMMISSIONER OF

COMMERCIAL TAXES,

KOYAMBEDU, CHENNAI-107.

 

3.THE REGIONAL TRANSPORT OFFICER,

ANNA NAGAR,  CHENNAI-40.                                   …Respondents

 

PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, forbearing the respondents herein or their men  agents, subordinates from demanding or collecting Entry Tax in respect of the imported vehicle Liugong make CLG 418 motor grader bearing MC SR No. P00425; Engine No. 69193004 to be registered with the 3rd respondent herein with new registration mark.

 

W.P.No.26206 of 2008

 

SRI MURUGAN EARTH MOVERS

NO.9/49  RAMESH NAGAR  2ND CROSS STREET

TAMBARAM WEST  CHENNAI-45

REP. BY ITS PROPRIETOR.

…            [ PETITIONER  ]

Vs.

 

1.THE GOVERNMENT OF TAMIL NADU

REP. BY ITS SECRETARY TO GOVT.

COMMERCIAL TAXES DEPARTMENT,

FORT ST. GEORGE, CHENNAI-9.

 

2.THE ASST. COMMISSIONER OF

COMMERCIAL TAXES,  TAMBARAM – I,  CHENNAI.

 

3.THE REGIONAL TRANSPORT OFFICER,

MEENAMBAKKAM  CHENNAI-27.                       …Respondents

PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, forbearing the respondents herein or their men  agents  subordinates from demanding or collecting Entry Tax in respect of the imported vehicle Liugong make ZL 30E Wheel Loader bearing MC SR No. 113946; Engine No. B7617800503; Chasis No. G0801077 to be registered with the 3rd respondent herein with new registration mark.

 

 

 

 

 

 

 

W.P.No.26207 of 2008

 

SRI MURUGAN EARTH MOVERS

NO.9/49  RAMESH NAGAR,

2ND CROSS STREET

TAMBARAM WEST,

CHENNAI-45,

REP. BY ITS PROPRIETOR.                                          …            [ PETITIONER  ]

Vs.

 

1.THE GOVERNMENT OF TAMIL NADU

REP. BY ITS SECRETARY TO GOVT.

COMMERCIAL TAXES DEPARTMENT,

FORT ST. GEORGE, CHENNAI-9.

 

2.THE ASST. COMMISSIONER OF

COMMERCIAL TAXES,  TAMBARAM – I,  CHENNAI.

 

3.THE REGIONAL TRANSPORT OFFICER,

MEENAMBAKKAM  CHENNAI-27.                       …Respondents

 

PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, forbearing the respondents herein or their men  agents, subordinates from demanding or collecting Entry Tax in respect of the imported vehicle Liugong make CLG 614 Vibratory Soil Compactor bearing MC SR No. Y03398; Engine No. B407036344; to be registered with the 3rd respondent herein with new registration mark.

 

 

 

 

 

ORDER

These Writ Petitions were filed in the year 2008 and listed for final hearing. When the matters were listed on 17.08.2021, at the request of both the parties, adjourned to 23.08.2021.  The learned counsel for the petitioners made a submission that he has to secure instructions from the petitioners regarding the payment of Entry Tax, as the issues are already settled by the Hon’ble Supreme Court of India. Again the matters were listed on 23.08.2021 and in order to give an opportunity, matters were listed on 26.08.2021. Further time was sought for, it was also granted and the matter is taken up today, i.e. on 31.08.2021.

 

2.The learned counsel appearing on behalf of the petitioners made a submission that he has informed the fact regarding the hearing of the writ petitions before this Court to the petitioners and they are not responding and further they have gone to the extent of stating that they are not in a position to pay the Entry Tax.

 

 

3. In view of the stand taken by the petitioners and considering the submissions made by the learned counsel for the petitioners, this Court is inclined to issue Non-Bailable Warrant to the petitioners, returnable on 06.09.2021.

 

4. The Registry, High Court is directed to communicate the order of Non-Bailable Warrant to the Commissioner of Police, Chennai, for its execution through the Jurisdictional Police.

 

5. Post the matter on 06.09.2021.                                                                                                                                                                                                                                  31.08.2021

 

Pns/Kbs

(Note: Issue Order Copy on 31.08.2021)

 

 

 

 

 

S.M.SUBRAMANIAM, J.

Pns

 

 

 

 

W.P.Nos.26205 to 26207 of 2008

 

 

 

 

 

 

31.08.2021