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M/s. Wabco India Ltd. Versus The Assistant Commissioner (CT)

Maintainability of petition - alternative remedy of appeal - principles of natural justice - Held that: - It is seen that the respondent has taken note of the C-Form declarations, which were produced by the petitioner along with the letter dated 27.10.2016. If that be the case, the respondent could have granted some more time or passed an order either accepting or rejecting the request for adjournment. This has not been done by the respondent. Thus, there has been a violation of the principles o .....

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th documents, within a period of 10 days from the date of receipt of a copy of this order (ii) On receipt of the objections, the respondent shall consider the same and pass a speaking order on merits and in accordance with law and (iii) Till such time, the demand for the tax, as quantified in the impugned order, shall be kept in abeyance. - Petition disposed off. - Writ Petition No.41643 of 2016 & WMP.No.35630 of 2016 - Dated:- 28-11-2016 - T. S. Sivagnanam, J. For the Petitioner : Ms.Radhik .....

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stances, this Court will not entertain a writ petition against the order of assessment, since the Statute provides an effective alternate remedy of appeal before the Appellate Deputy Commissioner (CT). However, in the instant case, it is seen that the first revision notice dated 27.1.2015 was issued for the assessment year 2010-11 proposing to reverse the input tax credit for certain reasons. The petitioner, by letter dated 17.2.2015, requested time till 30.4.2015 to provide all necessary docume .....

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ear for a personal hearing. On receipt of the notice, the petitioner, vide letter dated 27.10.2016, while acknowledging receipt of the notice dated 25.10.2016, stated that earlier, they submitted C-Forms for inter-state sales, that they are in the process of receiving the remaining C-Forms within a couple of weeks and that they are in the process of collating the documents pertaining to direct exports and indirect exports, etc and requested further time. The petitioner sought 60 days time to fur .....

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