Madras HC issues Non-Bailable Warrants on failure to pay Entry Tax

Last updated: 13 September 2021

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The Madras High Court has issued Non-Bailable Warrants against Grandhe Construction Private Limited and Sri Murugan Earth Movers. This action was taken due to the companies' failure to pay the required Entry Tax on imported earthmovers. Despite being informed of the hearing, the companies failed to appear or respond, leading the court to issue the warrants.

Court :
Madras High Court

Brief :
The Madras High Court vide an order returnable on September 06, 2021 issued a Non-Bailable warrant against Grandhe Construction Private Limited ("the Petitioner No. 1") and Sri Murugan Earth Movers ("the Petitioner No. 2") in lieu of their Writ Petitions Nos. 26205 to 26207 of 2008.

Citation :
Writ Petitions Nos. 26205 to 26207 of 2008

The Madras High Court vide an order returnable on September 06, 2021 issued a Non-Bailable warrant against Grandhe Construction Private Limited ("the Petitioner No. 1") and Sri Murugan Earth Movers ("the Petitioner No. 2") in lieu of their Writ Petitions Nos. 26205 to 26207 of 2008.

The Non-bailable warrant thus passed was on account of the failure to pay Entry Tax on Import of Earthmovers by the Petitioner No. 1 & 2.

The Petitioners made a submission that they are not in a position to pay the required Entry Tax. The counsel appearing on their behalf stated that he has informed the fact regarding the hearing of the writ petitions before this Court to the Petitioners and they are not responding.

On perusal of all the facts and evidences, the Honorable Madras High Court therefore was inclined to issue Non-Bailable Warrant to the Petitioners, returnable on September 06, 2021.

FAQ :

A Non-Bailable Warrant (NBW) is a court order authorising arrest without the possibility of immediate release on bail. The arrested person must appear before the court.

The warrants were issued because the companies, Grandhe Construction Private Limited and Sri Murugan Earth Movers, failed to pay the Entry Tax on imported earthmovers.

The parties involved were Grandhe Construction Private Limited (Petitioner No. 1) and Sri Murugan Earth Movers (Petitioner No. 2), and the Madras High Court.

The Entry Tax was levied on the import of earthmovers by the petitioner companies.

No, the companies' counsel informed the court that the petitioners were not responding despite being notified of the hearing.

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Judgement posted by

Bimal Jain

Service

FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

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