9911796707
TMI Blog2023 (12) TMI 994X X X X Extracts X X X X X X X X Extracts X X X X ..... p; For the Respondents : Mr. Rajsekhar Rao,learned Standing Counsel for Commercial Taxes appearing. ORDER (PER HON'BLE SRI JUSTICE P.SAM KOSHY) Heard Mr. Lakshmi Kumaran Sridharan & Mr. Narendra Dave, learned counsel for the petitioner and Mr. Rajsekhar Rao, learned Standing Counsel for Commercial Taxes appearing for the respondents. Perused the entire record. 2. The challenge in the prese ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rate of tax is concerned from November, 2017 onwards, there is not a single product manufactured by the petitioner company which has a rate of tax of more than 18%. Yet in the Show Cause Notice, the authorities have said of not paying tax at 28%. In addition, learned counsel submits that even otherwise the Show Cause Notice is beyond the period of limitation prescribed and even crossing of the per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the proper stage where the writ jurisdiction has to be exercised or the present writ petition needs to be entertained. It was also the contention of the learned counsel that the contents of the Show Cause Notice itself is a self explanatory and the petitioner only has to respond to the same including the rate of tax on the products manufactured by the petitioner and the rate of tax at which they h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ficient materials available or even the basic scrutiny or the investigation which were required for the authority concerned in reaching to the conclusion that certain transactions which have been carried on by the respondents appear to have been the transactions where there is evasion of tax or where there is suppression of material facts or atleast there was reasonable suspicion on the transactio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hey are bereft of facts and materials and the same deserves to be and is accordingly set aside/quashed. Nonetheless, if the law permits, the right of the Department stands reserved for initiation of proceedings in accordance with law. 9. The Writ Petition to the aforesaid extent stands allowed. No order as to costs. 10. Consequently, miscellaneous petitions pending, if any, shall stand closed. X X X X Extracts X X X X X X X X Extracts X X X X
|
