2016 (7) TMI 1423

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..... t T. K. Vedamurthy, Additional Government Advocate, for the respondents JUDGMENT The present appeals are directed against the order  dated June 29, 2016 passed by the learned single judge (Pharpur Cooling  Towers Ltd. v. Assistant Commissioner of Commercial Taxes [2016] 93 VST  78 (Karn)) of this court whereby the learned single judge for the reasons  recorded in the order, .....

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..... ation of mind on the part of the officer in not considering the objections filed by the appellant-petitioner. 4. In our view, since it was a matter pertaining to the breach of principles  of natural justice on the basis of record itself, and on the record of the  present proceedings, we find that the petitions may be entertained under  article 226 of the Constitution. It is hardly .....

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..... amurthy, learned Government Advocate under the instructions of  the officer who has passed the order and who is also present in the court,  namely Ms. Sumana states that this court may not pass any further order  but having realized that the objections submitted by the appellant-petitioner are not considered, the impugned order dated April 29, 2016 vide  annexure-D shall stand .....

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..... D as per the declaration made by the respondent shall stand cancelled. Page No: 152 (ii) The matter shall stand restored to the file of the Assistant Commissioner of Commercial Taxes. (iii) The appellant-petitioner or their representative shall remain present on August 6, 2016 at 11 a.m. for the purpose of hearing. (iv) It would be open to the Assistant Commissioner of Commercial Taxes to pass .....

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..... w the correct position, he should be at  liberty to bring the fact to the reporter that the aforesaid judgment dated  June 29, 2016 (Pharpur Cooling Towers Ltd. v. Assistant Commissioner of  Commercial Taxes [2016] 93 VST 78 (Karn)) is set aside and the reporting if  required may now be made of the present judgment. We do not find any  impediment in accepting the request. .....

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