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2014 (4) TMI 127

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..... he Act, against the order of AC taxes, Assam - In a situation like the one where the petitioner has a statutory right of appeal under the Act, this Court was afraid to entertain the writ petition under Article 226/227 of the Constitution of India to examine the legality and correctness of the said order - The normal and ordinary remedy of the petitioner in such case is to take recourse to filing o .....

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..... petitioner and Mr. R. Dubey, learned Standing Counsel, Finance & Taxation, appearing for the respondents. Even according to the writ petitioner, the order sought to be impugned in this writ petition i.e. order dated 12th September, 2011 passed by Additional Commissioner of Taxes, Assam (Annexure-11) is appealable under Section 80 of Assam Value Added Tax Act, 2003 before the Assam Board of Revenu .....

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..... in the writ petition at this stage for examining the legality and correctness of the order passed by the Additional Commissioner of Taxes and grant liberty to the petitioner to file appeal before the Board of Revenue. In case if an appeal is filed by the petitioner within one month from today under Section 80 of the Act before the Board of Revenue against the aforesaid order of the Additional Com .....

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