IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 WP(C).No. 26148 of 2007(K) ------------------------------------------ PETITIONER(S): ------------------------ M/S.H&R JOHNSON (INDIA) LIMITED, 40/937-LAXMI-688/4, P.T.USHA ROAD, ERNAKULAM, KOCHI-682 011. BY ADV. MR.JOSEPH JERARD SAMSOM RODRIGUES RESPONDENT(S): ------------------------- INTELLIGENCE INSPECTOR, SQUAD NO.V, DEPARTMENT OF COMMERCIAL TAXES, ERNAKULAM. GOVERNMENT PLEADER MR.K.D.PRADEEP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/01/2009, ALONG WITH WPC. 13905 OF 2007 AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.26148/2007 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE REGISTRATION CERTIFICATE ISSUED TO THE PETITIONER BY THE ASSISTANT COMMISSIONER, SPECIAL CIRCLE-I, ERNAKULAM. P2:- COPY OF THE INVOICE NO.0000001383 DT. 31.7.07 FOR RS. 4,35,167.23. P3:- COPY OF THE BILL OF ENTRY FOR CONSUMPTION FOR EIDENCE OF IMPORT OF THE GOODS. P4:- COPY OF THE RELEVANT PAGE OF STOCK REGISTER FOR EIDENCE OF ACCOUNTING THE CONSIGNMENT ON 17.8.07. P5:- COPIES OF INVOICE BNO.9810830471 DT. 17.8.07 FOR RS. 6,71,045/- ISSUED BY THE PETITIONER TO TAJ MARBLES & MOSAICS, MAVELIKKARA. P6:- COPY OF THE CLEARANCE CERTIFICATE ISSUED BY DP WORLD AS EVIDENCE OF HAING CLEARED THE CONSIGNMENT FROM THE COCHIN PORT ON 20.8.07. P7:- COPY OF THE NOTICE ISSUED BY THE INTELLIGENCE INSPECTOR, SQUAD NO.. COMMERCIAL TAXES, ERNAKULAM DIRECTING TO REMIT SECURITY DEPOSIT OF RS.1,70,000/-. P8:- COPY OF THE CIRCULAR NO.53/06 DT. 22.12.06 ISSUED BY THE COMMISSIONER OF COMMERCIAL TAXES, THIRUVANANTHAPURAM. P9:- COPY OF THE MONTHLY RETURN IN FORM NO.10 FOR THE MONTH OF JULY 2008 SUBMITTED BY THE PETITIONER BEFORE THE ASSISTANT COMMISSIONER , SPECIAL CIRCLE-I, ERNAKULAM ON 10.8.07. P10:- COPY OF THE CERTIFICATE ISSUED BY THE ASSISTANT COMMISSIONER SPECIAL CIRCLE-I, ERNAKULAM FOR REMITTANCE OF RS. 10/- LAKHS AS ADVANCE TAX ON 22.8.07. /TRUE COPY/ P.S. TO JUDGE tss K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 26148 OF 2007 K ---------------------------------------- Dated this the 24th August, 2007 ORDER Learned Senior Government Pleader for Taxes takes notice on behalf of the respondent. There will be a direction to the respondent to release the consignment along with the Vehicle bearing registration No.KL-43/2464 to the petitioner on its paying fifty per cent of the amount demanded in cash and the balance fifty per cent by executing simple bond without surety. Petitioner will also furnish a copy of the VAT Registration Certificate along with the Bond. H/O. K. M. JOSEPH, JUDGE kbk.