M/S Sri Rama Flakes, v. The State Of Telangana,

THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND THE HON'BLE SRI JUSTICE A. SHANKAR NARAYANA Writ Petition No.384 of 2017 Order: (Per the Hon'ble The Acting Chief Justice Ramesh Ranganathan) Heard Sri Koneti Raja Reddy, learned counsel for the petitioner, and Sri J. Anil Kumar, learned Special Standing Counsel for Commercial Taxes, and, with their consent, the writ petition is disposed of at the stage of admission.

This writ petition is filed by the petitioner questioning the notice issued in Form VAT 305A dated 29.11.2016 whereby the petitioner was called upon to file their written objections to the proposed turnover, and against the proposed levy of tax of Rs.2,94,942/-. Thereafter, at the request of the petitioner, by their letter dated 13.12.2016, the Commercial Tax Officer, by his endorsement dated 16.12.2016, granted them fifteen (15) days time to file their reply. While Sri Koneti Raja Reddy, learned counsel for the petitioner, has put forth his submissions on merits, it is wholly unnecessary for us to examine all these contentions in the present writ petition as the proceedings under challenge in this writ petition is only a show cause notice to which the petitioner can submit their objections to.

As the time stipulated in the endorsement of the Commercial Tax Officer dated 16.12.2016 is due to expire shortly, we consider it appropriate to dispose of the writ petition permitting the petitioner to submit their reply to the show cause notice within two weeks from today. In case, the petitioner submit their reply to the show cause notice within the aforesaid period of two weeks, the Commercial Tax Officer, Karimnagar shall consider the same in accordance with law, afford the petitioner an opportunity of a personal hearing and, thereafter, pass an assessment order in accordance with law.

The writ petition stands disposed of accordingly. Miscellaneous Petitions pending, if any, shall also stand disposed of. There shall be no order as to costs.

_________________________________ (RAMESH RANGANATHAN, ACJ) _____________________________ (A. SHANKAR NARAYANA, J) 4th January, 2017 pnb

THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND THE HON'BLE SRI JUSTICE A. SHANKAR NARAYANA Writ Petition No.384 of 2017 Date: 4.1.2017 pnb