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2016 (12) TMI 631 - HC - VAT and Sales TaxMaintainability of petition - Writ jurisdiction - opportunity to represent the case - Held that: - Considering the substantial questions of law which arise in the present petition, we are of the opinion that the present petition is not required to be dismissed on the ground that the present petition is at the show cause notice stage. Identical question came to be considered by the Hon'ble Supreme Court in the case of the Aircel Limited and Anr [2016 (6) TMI 1063 - SUPREME COURT OF INDIA]. Considering the fact that pure questions of law had arisen, the Hon'ble Supreme Court set aside the order passed by the High Court, by which, the petition was not entertained on the ground of availability of alternative remedy and has observed that questions that have been raised by the original petitioner being absolutely pure question of law, the High Court should have decided the matter. Considering the aforesaid decision of the Hon'ble Supreme Court and in the facts and circumstances of the case narrated herein above and as pure question of law arise which as per the opinion, are required to be decided by the High Court, preliminary objection raised by Shri Kamal Trivedi, learned Advocate General is hereby overruled - matter to be remitted to High Court - petition disposed off.
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