Madras High Court
M/S.Prp Exports vs The State Of Tamilnadu on 24 June, 2019
Author: Anita Sumanth
Bench: Anita Sumanth
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.06.2019
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
W.P.(MD)Nos.13305 to 13307 of 2010
and
M.P.(MD)No.1,1 and 1 of 2010
M/s.PRP Exports,
Rep. By its Partner,
P.Suresh Kumar ... Petitioner in all petitions
Vs.
1.The State of TamilNadu,
Represented by the Secretary to Government,
Commercial Taxes Department &
Religious Endowments Department,
Fort St.George, Chennai – 9.
2.The Deputy Commissioner Tax Officer,
Melur Assessment Circle, Melur, Madurai District.
3.The Regional Transport Officer,
Madurai North, Madurai.
4.The Motor Vehicle Inspector Grade-I,
Unit Office, Sivagangai Road,
Melur. ...Respondents in all petitions
COMMON PRAYER:- Writ Petitions - filed under Article 226 of the
Constitution of India, praying for the issuance of Writ of Mandamus,
directing the respondents their men, agents, subordinates from
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levying and collecting Entry Tax under the provisions of the Tamil
Nadu Tax on Entry of Motor Vehicles into Local Areas Act, 1990 from
petitioner for registering Hydraulic Mobile Crane Crane Hydra-12, 2;
Hydraulic Mobile Crane Hydra-12-3 and Hydraulic Mobile Crane
Hydra-12-3 par make escorts for use in the factory from Escorts
Construction Equipment Limited, Plot No.219, Sector 58, Ballabgarh
– 121004, vide invoice No.EX/100056 dated 29.09.2010 bearing
Chasis No.1939137016 Engine No.S433-A25997; vide invoice
No.Ex-100058 dated 30.09.2010 bearing Chasis No.19393279416
Engine No.S433-A25696 and vide invoice No.Ex-100062 dated
11.10.2010 bearing Chasis No.1939328717 Engine No.S433-
A26596 respectively.
For Petitioner : Mr.Sri Balaji
For Respondents : Mr.R.Murugan,
Additional Government Pleader
(in all petitions)
COMMON ORDER
These writ petitions seek Mandamus, directing the respondents to register the petitioners’ vehicles (Hydraulic Mobile Crane Crane Hydra-12) purchased under three Invoices, dated 29.09.2010, 30.09.2010 and 11.10.2010 without collecting entry tax under the provisions of the Tamil Nadu Tax on Entry of Motor Vehicles into Local Areas Act, 1990 (in short ‘Act’). http://www.judis.nic.in 3
2. The petitioner has raised several challenges to the levy of entry tax, per se and the writ petitions are styled more as a writ of declaration though, in conclusion, only mandamus is sought.
3. The levy of entry tax has been the subject of challenge on various grounds and the Supreme Court, in a judgment rendered by a Nine Judges Bench in the case of Jindal Stainless Limited and another vs. State of Haryana and others [(2017) 12 STC 1] has settled most of the issues raised barring two relating to (i) whether the levies satisfy the test of whether the tax burden on imported goods and goods produced legally is not discriminatory but equal and (ii) whether the entire state could be notified as a local area.
4. Be that as it may, there can be no direction issued to the statutory authorities not to make an assessment, although any assessment framed would have to be in accordance with the provisions of the Act. Thus, these Writ Petitions are dismissed with no order as to costs.
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5. Liberty is granted to the respondents to proceed with assessment strictly in line with the judgement of the Supreme Court in Jindal Stainless Steel (supra). The petitioner has been granted an interim injunction on 02.11.2010 conditional upon the petitioner remitting 15% of the tax in each case. The petitioner states that this order has been complied with. The refund of this amount shall be subject to the assessment, as and when completed. Consequently, connected Miscellaneous Petitions are closed.
24.06.2019 Index :Yes/No Internet: Yes/No sm http://www.judis.nic.in 5 To
1.The Secretary to Government, Rep. By the State of TamilNadu, Commercial Taxes Department & Religious Endowments Department, Fort St.George, Chennai – 9.
2.The Deputy Commissioner Tax Officer, Melur Assessment Circle, Melur, Madurai District.
3.The Regional Transport Officer, Madurai North, Madurai.
4.The Motor Vehicle Inspector Grade-I, Unit Office, Sivagangai Road, Melur.
http://www.judis.nic.in 6 Dr.ANITA SUMANTH, J.
sm Common Order made in W.P.(MD)Nos.13305 to 13307 of 2010 Dated:
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