M/S.Digi Flex v. The Assistant Commissioner-Iii (I/C)

HONOURABLE SRI JUSTICE V. RAMASUBRAMANIAN AND HONOURABLE SRI JUSTICE P. KESHAVA RAO WRIT PETITION No.9706 OF 2019 ORDER: (Per Hon'ble Sri Justice V. Ramasubramanian) The petitioner has come up with the above writ petition challenging an order of penalty passed under the Telangana Value Added Tax Act, 2005.

2. Heard Ms. Shaik Vaheeda Sushma, learned counsel for the petitioner and Mr. T. Vinod Kumar, learned Special Standing Counsel for the respondents.

3. The impugned order of penalty is a sequel to an order of assessment. But, the order of assessment was set aside by this Court in WP No.5798 of 2019 by order dated 27.03.2019. In view of the same, this writ petition is allowed and the order of penalty is set aside. If any fresh proceedings are to be taken, it will always be open to the Assessing Officer to take further action in accordance with law and subject to the rights of the petitioner.

Miscellaneous Petitions, if any, pending in the writ petition shall stand closed.

__________________________ V. RAMASUBRAMANIAN, J ____________________ P. KESHAVA RAO, J April 30, 2019 KTL