A writ petition filed under Article 226 seeking certiorari to quash a commercial tax order. The court granted the petitioner liberty to challenge the order via appeal before closing the petition.
Liberty granted to the petitioner to file an appeal against the impugned order within two weeks; Writ Petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.03.2016
CORAM
THE HON'BLE Mr. JUSTICE M.DURAISWAMY
W.P.No.9531 of 2016 and W.M.P.Nos.8561 & 8562 of 2016
M/s.Vijay Sales Corporation, rep by its Proprietor – V.Rajendran C.Gengampattu Village, Chengam Taluk, Tiruvannamalai District.
... Petitioner
Vs.
The Deputy Commercial Tax Officer, Polur, Tiruvannamalai District. ... Respondent
Petition filed under Article 226 of The Constitution of India praying to issue a writ of certiorari to call for the records on the file of the respondent in its impugned proceedings made in TIN:33904541476/2010-11 dated 30.10.2015 and to quash the same.
For Petitioner : Mrs.R.Hemalatha
For Respondent : Mr.V.Haribabu,
Additional Government Pleader (Tax)
The petitioner has filed the above Writ Petition to issue writ of certiorari to call for the records on the file of the respondent in its impugned proceedings made in TIN:33904541476/2010-11 dated 30.10.2015 and to quash the same.
2.When the matter is taken up for hearing, the learned counsel appearing for the petitioner submitted that liberty may be given to the petitioner to challenge the impugned order before the Appellate Authority.
3.Mr.V.Haribabu, learned Additional Government Pleader (Tax) taking notice for the respondent has no objection for granting liberty to the petitioner to file appeal.
4.In view of the same, the petitioner is granted two weeks time from the date of receipt of a copy of this order for filing appeal as against the impugned order dated 30.10.2015.
5.With these observations, the Writ Petition is closed. No costs. Consequently, the connected miscellaneous petitions are closed.
Sd/-
Asst.Registrar (CS V )
/true copy/
Sub Asst. Registrar
va
To
The Deputy Commercial Tax Officer,
Polur,
Tiruvannamalai District.
1 cc to Mr.R. Hemalatha, Advocate, Sr. 16382
1 cc to Spl.Government Pleader (Taxes), Sr. 16475
W.P.No.9531 of 2016 and
W.M.P.Nos.8561 & 8562 of 2016
JSV (CO)
kk 22/3
1 issue framed by the court
Whether to allow the petitioner liberty to file an appeal against the impugned order before granting the writ of certiorari.
1 provisions across 1 enactments
M/s. Vijay Sales Corporation
The Deputy Commercial Tax Officer, Polur
M. Duraismamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
