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2015 (4) TMI 858

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..... CHA DESAI, AGP AND RULE SERVED BY DS JUDGMENT : (PER : HONOURABLE MR.JUSTICE M.R. SHAH) 1. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, direction and order to quash and set aside the impugned order dated 9.10.2007 passed by the respondent No.2 herein (Annexure L), by which the petitioner is called upon to pay the RTO .....

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..... rowler crain and the Government put the same in auction and the same was purchased by one Gujarat Scrap Traders as it being the highest bidder on 14.11.2006. It is the case on behalf the petitioner that said showel crowler crain came to be purchased by the present petitioner from the aforesaid Gujarat Scrap Traders on 20.11.2006 and that the petitioner paid all the tax with penalty and other fine .....

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..... State. She has stated at bar that except relying upon the impugned order passed by the respondent no.2, she has nothing to further add. Therefore, she has requested to pass appropriate order. 5. Heard learned advocates appearing for the respective parties at length. 6. At the outset, it is required to be noted and it is borne out from the record that prior to 14.11.2006, the showel crowler crai .....

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..... side. Now, so far as the RTO tax liability for the period after 20.11.2006 is concerned, it is the case on behalf of the petitioner that the petitioner had paid entire RTO tax with penalty and interest etc. from 20.11.2006. The aforesaid be considered by the appropriate authority and if it is found that any amount towards RTO tax, penalty and interest is paid by the petitioner for the period after .....

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