2017 (2) TMI 660

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..... whether it was a composite sale including charger needs to be examined - Held that: - when the alternative forum is to be resorted to, all questions of law available to both the side should be kept open. Hence, the appellant is permitted to withdraw the appeals with a view to approach before the appellate authority - appeal disposed off. - WRIT APPEAL NO.4854/2016 (T-RES) WA NOS.4971-93/2016 - - .....

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..... me, the counsel appearing for the appellants under the instructions of the client declared before us that appellants would like to resort to alternative remedy of preferring an appeal before the appropriate authority as provided under the Act. However, since learned Single Judge has made an observation in the impugned order that the matter is covered by the decision of the Apex Court in the State .....

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..... o decide the matter independently, appellant would resort to such remedy. The observation made by the learned Single Judge may not foreclose points to be considered in the appeal. 6. In our view, when the alternative forum is to be resorted to, all questions of law available to both the side should be kept open. Hence, the appellant is permitted to withdraw the appeals with a view to approach b .....

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