Tvl.Texmo Industries Ltd v. The Deputy Commissioner (St)(Fac),

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.05.2019

CORAM:

THE HONOURABLE Ms.JUSTICE P.T.ASHA WP.No.15111 of 2019 and WP.MP.No.15098 of 2019 Tvl. Texmo Industries Ltd, Rep. By its Account Manager SM Palaniappan, Mettupalayam Road, Coimbatore.

...Petitioner

Vs The Deputy Commissioner (ST)(FAC), Divisional Large Tax Papers Unit, Coimbatore ... Respondent PRAYER :

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records comprised in the impugned Assessment Order VAT.No.33432020074/2006-07 dated 02.05.2019 on the file of the respondent, quash the same and consequently direct the respondent to pass orders afresh after giving the petitioner an opportunity of personal hearing. For Petitioner : M/S.P.Purushotham G.Nakkeeran, Anuradha P.M.

P.Prabu For Respondent : Mr.V.Haribabu, AGP (T)

O R D E R

The above Writ Petition is filed, challenging the impugned Assessment Order VAT.No.33432020074/2006-07, dated 02.05.2019, passed by the Respondent, on the ground that no personal hearing was accorded to the Writ Petitioner.

2.From the perusal of the impugned order, the same also appears to be correct, as there is no reference that a personal hearing has been given to the Writ Petitioner. https://hcservices.ecourts.gov.in/hcservices/

3.Heard both sides.

4.Considering the limited scope of the Writ Petition, the impugned order is set aside and the matter is remitted back to the Respondent to issue a fresh notice to the Writ Petitioner, to specify the date of next hearing and thereafter pass orders, after giving a personal hearing to the Writ Petitioner. The said exercise shall be concluded within a period of two months from the date of receipt of copy of the said order. 5.With the above direction, the present Writ Petition is disposed off. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar jrs/dua To The Deputy Commissioner (ST)(FAC), Divisional Large Tax Papers Unit, Coimbatore +1cc to the Government Pleader, S.R.No.44434 WP.No.15111 of 2019 and WP.MP.No.15098 of 2019 CS/27/06/2019 https://hcservices.ecourts.gov.in/hcservices/