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2016 (4) TMI 1103 - MADRAS HIGH COURT

2016 (4) TMI 1103 - MADRAS HIGH COURT - TMI - Validity of impugned order - Violation of principles of natural justice - No opportunity of personal hearing provided before passing the order - Held that:- the petitioner was not given an opportunity of personal hearing by the 2nd respondent, which is violative of principles of natural justice, the impugned orders dated 27.01.2016 passed by the 2nd respondent are liable to be set aside and accordingly the same are set aside. The matters are remitted .....

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aside. - Appeal disposed of - W.P.Nos.10540 to 10543 & 11236 to 11239 of 2016, W.M.P.No.9243 to 9249 & 9753 to 9756 of 2016 - Dated:- 4-4-2016 - M. Duraiswamy, J. For the Appellant : Mr. Raghavan Ramabadran For the Respondent : Mr. S Kanmani Annamalai, AGP ORDER W.P.Nos.11236 to 11239 of 2016 are filed by the petitioner to issue writs of certiorari to call for the records relating to the Impugned Orders in A.P.Nos.389 to 392/2014 respectively dated 27.1.2016 passed by the 2nd respondent and to .....

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cture to telecommunication companies and are registered under the Tamil Nadu Value Added Tax Act, 2006 (TNVAT Act) and the Central Sales Tax Act, 1956 (CST Act). The petitioner bought goods inter-state against Form-C for this purpose and the same was used in the construction, erection and installation process. Further, according to the petitioner, there is no transfer of property by the petitioner to the contractor. On the other hand, there involves transfer of property in the execution of Works .....

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ion 22(4) of the TNVAT Act and under Section 27(3) of TNVAT Act for the assessment years 2007-2008 to 2010-2011. The petitioner has sent detailed replies on 03.10.2013. The 1st respondent passed orders on 21.l0.2013 stating that the petitioner has not filed any objection. Aggrieved over the same, the petitioner filed appeals before the 2nd respondent against the orders passed by the 1st respondent, by paying 25% of the tax demand for each of the assessment years towards mandatory pre-deposit. Th .....

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ay another 25% of the tax demand and execute personal bond for the balance 50% tax demand and the entire amount of penalty for each of the assessment years. According to the petitioner, they have complied with the conditions imposed by this Court in the above said writ petitions. Subsequently, the 2nd respondent took up the appeals filed by the petitioner for final disposal and dismissed the same by orders dated 27.01.2016. Subsequently, a demand notice dated 11.03.2016 was issued by the 1st res .....

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