High CourtsSingle Bench(2010) 11 MAD CK 0036

Rayalaseema Concrete Sleepers (P) Limited vs Assistant Commissioner Commercial Taxes (FAC) and The Principal Secretary and Commissioner of Commercial Taxes

Madras High Court · Decided on 10 November 2010

HON’BLE JUDGES
M. Jaichandren, J
CASE NUMBER
Writ Petition No. 13485 of 2010 and M.P. (MD) No. 1 of 2010

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Judgment

10 paragraphs · 199 words

M. Jaichandren, J.—The main contention of the learned Counsel appearing on behalf of the Petitioner is that the impugned assessment

order, dated 27.10.2010, had been passed by the first Respondent, without affording an opportunity of personal hearing to the Petitioner.

Therefore, the said impugned order is to be set aside.

2.

The learned Special Government Pleader appearing on behalf of the Respondents had no objection for this Court passing an order setting aside

the impugned order of the first Respondent, dated 27.10.2010, and leaving it open to the first Respondent to pass an appropriate assessment

order, after giving an opportunity of personal hearing to the Petitioner.

3.

In view of the submissions made by the learned Counsels appearing on behalf of the Petitioner, as well as the Respondents, the impugned

assessment order of the first Respondent, dated 27.10.2010, is set aside. However, it is made clear that it would be open to the first Respondent

to issue a fresh assessment order, in respect of the assessment years in question, after affording an opportunity of personal hearing to the Petitioner.

This writ petition is disposed of accordingly, with the above directions. No costs. Consequently, the connected Miscellaneous Petition is closed.