M/S. Sri Raghavendra Dish Tv v. The Commercial Tax Officer,

THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN AND THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.21470 OF 2016 ORDER: {Per the Hon'ble Sri Justice Ramesh Ranganathan} Both Sri M.V.J.K.Kumar, learned counsel for the petitioner and Sri Shaik Jeelani Basha, learned Special Standing Counsel for Commercial Taxes, would agree that, as the assessment order was set aside by this Court by its order in WP.No.19026 of 2016 dated 27.06.2016, the consequential order of penalty, impugned in the present Writ Petition, must also be set aside. The impugned order of penalty is, accordingly, set aside. It is made clear that this order shall not preclude the respondents from initiating penalty proceedings afresh in accordance with law after a fresh assessment order is passed.

The Writ Petition stands disposed of, accordingly. There shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed.

______________________________ (RAMESH RANGANATHAN, J) ___________________________________ (M.SATYANARAYANA MURTHY, J) 5th July 2016 RRB