LAWS(MAD)-2008-11-279

FIFTH PILLAR INDIA Vs. SECRETARY DEPARTMENT OF REVENUE

Decided On November 11, 2008
FIFTH PILLAR INDIA, Appellant
V/S
SECRETARY, DEPARTMENT OF REVENUE Respondents

JUDGEMENT

(1.) THIS is a public interest litigation and the petitioner seeks for the issuance of writ of Mandamus to direct the respondents 1 to 3 to submit their action taken report in respect of the allegations reported against M/s.Hyundai Motor India Limited, situated at SIPCOT, Sriperumpudur, Kancheepuram District with a further direction to the respondents for taking appropriate action on the basis of the report and the recommendations of the investigating team.

(2.) THE petitioner claims itself to be a Trust registered under the Trust Act. It is stated to have taken up a tirade against corruption in public life. In the present writ petition, the petitioner has alleged that the 5th respondent which is a car manufacturing unit has indulged in large scale tax evasion as well as Central Excise duty by under pricing the cars exported to its associate enterprises in the foreign countries and that in spite of such malpractice being brought to the notice of the concerned authorities, no steps have been taken to unearth such corrupt practice.

(3.) THE sum and substance of the allegations as raised by the Range Officer as canvassed by the petitioner is about the under valuation of cars and CKD parts to their Parent/Group companies, that the profits of the 5th respondent are drained out to the parent company at Korea resulting in loss to the Government of India by way of foreign exchange to the tune of several hundred crores of Rupees.