Vs
Case brief
What is this about?
Revision under Section 38 of TNGST Act, 1959 challenged Tribunal order. Court dismissed petition due to respondent's non-appearance, failure to serve notice, and apparent lack of serious interest by petitioner to prosecute matter after long滞留.
What did the court decide?
Tax Case Revision No.226 of 2011 dismissed with liberty to file a fresh petition to restore the matter.
What the court decided
A compact analysis
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.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.05.2017 CORAM: THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MR.JUSTICE P.VELMURUGAN TAX CASE REVISION No.226 of 2011
THE STATE OF TAMIL NADU, REPRESENTED BY THE DEPUTY COMMISSIONER (CT), TIRUNELVELI DIVISION, TIRUNELVELI 627 002.
.. Petitioner Vs.
TVL. PAULSONS LITHO WORKS, 37, VIRUDHUNAGAR ROAD, SIVAKASI. .. Respondent
PRAYER : Tax Case Revision is filed under Section 38 of the TNGST Act, 1959, to revise the order of the Tamil Nadu Sales Tax Appellate Tribunal (AB) Madurai dated 30.11.2001 in MTSA No.560/2000 Appeal No.536/95 dated 15/10/1997 on the file of the Appellate Assistant Commissioner (CT), Virudhunagar for the Assessment year 1987-88 against Assessment No.TNGST.906246/87-88 dated 31/03/95. On the file of the Commercial Tax Officer – IV, Sivakasi, for the Assesment year 1987-88.
For Petitioner : Mr.R.Karthikeyan, Additional Government Pleader.
ORDER
[Order of the Court was made by T.S.SIVAGNANAM, J. ]
This Tax Case Revision has been filed challenging the order passed by the Tamil Nadu Sales Tax Appellate Tribunal under Section 38 of the Tamil Nadu General Sales Tax Act, 1959. To entertain the revision, it is necessary for the Court to consider whether a question of law arises for determination in the revision. We find that this Revision case was filed in the year 2011 and was entertained by framing a question of law for consideration and notice was ordered to the respondent. However, no steps were taken to serve notice on the respondent. Even after the case was transferred to Madurai Bench, no steps have been taken and the matter has been placed before the Deputy Registrar (Judicial) for taking steps with regard to service of notice on the respondent. However, no steps have been taken, till date, https://hcservices.ecourts.gov.in/hcservices/ which clearly shows that the petitioner is not seriously interested in prosecuting the matter.
Issues for consideration
2 issues framed by the court
Whether to entertain the Tax Case Revision filed under Section 38 of the TNGST Act, 1959 given the respondent's non-appearance and lack of notice service.
Whether the petitioner's failure to prosecute the matter indicates lack of serious interest warranting dismissal.
Parties & counsel
- petitioner
THE STATE OF TAMIL NADU, REPRESENTED BY THE DEPUTY COMMISSIONER (CT), TIRUNELVELI DIVISION, TIRUNELVELI
- respondent
TVL. PAULSONS LITHO WORKS, 37, VIRUDHUNAGAR ROAD, SIVAKASI
Coram
T.S.SIVAGNANAM
Case details
As recorded by the court registry
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