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TMI Blog2017 (1) TMI 66X X X X Extracts X X X X X X X X Extracts X X X X ..... EADER ORAL ORDER (PER : HONOURABLE MR.JUSTICE M.R. SHAH) [1.0] By way of present petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs. "A. This Hon'ble Court may be pleased to issue a writ of certiorari or a writ in nature of certiorari or any other appropriate writ, order or direction quashing and setting aside the order dated 20.07.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Hon'ble Court may be pleased to hold that the procedure of preaudit of first appeal orders is without authority of law, bad and illegal; E. This Hon'ble Court may be pleased to issue a writ of mandamus or a writ in nature of mandamus or any other appropriate writ or order directing the learned Deputy Commissioner of Commercial Tax (Appeals) to finalize the first appeal order for the year 200607 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cive recovery of dues against the Petitioner; F1. Pending notice, admission and final hearing of this petition this Hon'ble Court may be pleased to restrain the learned Respondents from detaining or seizing the vehicles / goods of the Petitioner at checkposts on the ground that there are outstanding dues against the Petitioner; G. Ex parte ad interim relief in terms of prayer F may kindly be gra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tted that therefore as on today there shall not be any liability for AY 200809 and 200910. It is further submitted that even for AY 200607 the assessment has been set aside by the first Appellate Authority and therefore, there shall not be any liability for the AY 200607. It is submitted that therefore now as on today the liability would be of Rs. 41,57,317/. [3.0] For the aforesaid Shri Sheth, l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... monthly installments commencing from December 2016 and the first installment shall be paid on or before 15.12.2016. In any case as agreed and undertaken, the entire amount of Rs. 41,57,317/along with statutory interest at the rate of 18% shall be paid and cleared on or before 31.03.2017 but in four equal monthly installments as stated hereinabove. With this present Special Civil Application stan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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