2007 (5) TMI 668

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..... Oral Judgment: H.L. Gokhale, 1. Heard Mr. Ashok Kumar, in support of this writ petition and Mr. S.P. Kesharwani, learned Standing Counsel, appearing for the respondents. 2. With the consent of the learned counsel for the parties, this writ petition is being finally disposed of at the admission stage without inviting any counter affidavit. 3. The .....

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..... be entertained unless it is accompanied by satisfactory proof of the payment of the amount of tax admitted by the dealer. 4. Mr. Kesharwani, learned Standing Counsel, appearing for the respondents submits that the admitted amount will have to be read as the amount leviable as per the provisions of the Statute. As against this, the submission of the petitioner is that the amount leviable a .....

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..... nasmuch as the petitioner is paying the trade tax at the rate of 8%, he assures that he will continue to pay the same until a decision is arrived at, we allow this writ petition, set aside the show cause notice and direct the officer concerned to decide on merits the application filed by the petitioner under Section 30 of the Act. 6. The writ petition is allowed. - - TaxTMI - TMI .....

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