Disposed

M/s. Sarda Agro Oils Limited v. The Deputy Commissioner (Ct)

Telangana HC4 Mar 2014WP/5985/2014

Case brief

AI extract

What is this about?

The High Court set aside an impugned tax assessment order which denied the petitioner time to collect defective F-forms. The Court directed the petitioner to collect the forms from the respondent within 10 days and re-submit them within three months from receipt.

What did the court decide?

Set aside the impugned order dated 11.12.2013; directed petitioner to collect defective F-forms within 10 days and re-submit within three months.

M/s. Sarda Agro Oils Limited Vs The Deputy Commissioner (Ct) — Income Tax | Telangana HC (2014)

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THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA AND THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY

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WRIT PETITION No.5985 of 2014

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ORDER: (Per the Hon’ble Sri Justice Ashutosh Mohunta)

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The petitioner is aggrieved by the order dated 11.12.2013 passed by the 1^st respondent whereby for the assessment year 2007-2008, Rs.1,56,43,790/- tax has been levied on a total turn over of Rs.39,11,12,348/-. Vide impugned order it has been held that although 12 months have been elapsed, the petitioner has not deputed any authorized person to collect the defective F-forms nor sought time to file its objections.

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Learned counsel for the petitioner submits that there was no communication from the 1^st respondent to the petitioner to take back the defective F-forms. He further submits that short time may be granted to the petitioner, so that he can collect the defective F-forms and file fresh F- forms.

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Learned counsel for the State submits that it was the petitioner’s duty to collect the defective F-forms. He further submits that the petitioner may be directed to collect and resubmit the F-forms.

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After hearing the counsel for the parties, we set aside the order dated 11-12-2013, passed by the 1^st respondent and direct the petitioner to collect the defective F-forms from 1^st respondent within a period of ten (10) days from today and thereafter, re-submit the

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F-forms within a further period of three months, from the date of receipt of

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the defective F-forms.

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With the above direction, the Writ Petition is disposed of. There shall be no order as to costs..

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Miscellaneous Petitions pending, if any, shall stand disposed of.

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________________________ ASHUTOSH MOHUNTA,J.

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____________________________________ M. SATYANARAYANA MURTHY,J .

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Date : 04-03-2014 Rds

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THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA

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AND THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY

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WRIT PETITION No.5985 of 2014

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Date : 04.03.2014

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Rds

M/s. Sarda Agro Oils Limited v. The Deputy Commissioner (Ct)

Case brief

What is this about?

What did the court decide?

M/s. Sarda Agro Oils Limited v. The Deputy Commissioner (Ct)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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