9911796707
TMI Blog2003 (2) TMI 447X X X X Extracts X X X X X X X X Extracts X X X X ..... rayer in this writ petition is for issuance of a writ of certiorarified mandamus to call for records of the respondent in G.D. No. 845033/2002-2003 dated January 14, 2003 and quash the same as illegal, unlawful and unconstitutional and direct the respondent to release the goods detained by the respondent. 3.. The learned Special Government Pleader appearing for the respondent has raised prelimin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Special Tribunal has been constituted. Section 7 of such Act will relate to the jurisdiction, powers and authority of the Special Tribunal and it is extracted hereunder: "7. Jurisdiction, powers and authority of Special Tribunal.(1) Save as otherwise expressly provided in this Act, the Special Tribunal shall, with effect on and from the appointed day, exercise, the jurisdiction, powers and autho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... High Court for adjudication or trial or disputes or complaints with respect to all matters of levy, assessment, collection and enforcement of any tax under any specified State Act and matters connected therewith or incidental thereto. Keeping in view of the wide amplitude of powers under section 7 of the said Act, there cannot be any doubt that the Tribunal can also entertain the matter relating t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, therefore, felt that the decision in Sampath Kumar's case, being per incuriam, was not binding upon it. The High Court also pointed out that, in any event, the issue of constitutionality of article 323A(2)(d) was neither challenged nor upheld in Sampath Kumar's case and it could not be said to be an authority on that aspect." 7.. In view of the aforesaid decision, the preliminary objection ra ..... X X X X Extracts X X X X X X X X Extracts X X X X
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