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1997 (12) TMI 625

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..... t 22, 1991 passed by the learned single Judge in W.P. No. 7650 of 1983. The writ petition was filed to issue a writ of certiorari by calling for the records on the file of the first respondent relating to the records in TNGST No. 429348/79-80 dated July 7, 1983 and to quash the said order. We will refer to the parties in this order as arrayed in the writ petition. 2.. The writ petitioners were .....

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..... below taxable limit, assessment could not be made. Thereafter, the first respondent took further proceedings and passed the impugned order levying a penalty of Rs. 97,795 under section 22(2) of the Tamil Nadu General Sales Tax Act, 1959 overruling the objections raised by the petitioners. Under the circumstances, the writ petition was filed. 3.. The respondents filed counter-affidavit opposing t .....

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..... 22(2) of the Act and allowed the writ petition in the light of the division Bench aforementioned. 4.. Learned Government Advocate, before us, reiterated in his arguments the same position which was put forward before the learned single Judge. In the division Bench judgment aforementioned, it is clearly stated that depending upon the facts and circumstances of each case, it is a matter for the d .....

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