Madras High CourtWP/4905/2015disposed of

K.A.P. (India) Projects & v. The Assistant Commissioner(Ct)

2015-02-25Honourable Mr Justice S. Vaidyanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 25.02.2015

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.4905 of 2015 K.A.P.(India) Projects and Constructions Pvt. Limited, Engineers & Contractors, rep. by its Executive Director P.Mohammed Salih .. Petitioner Vs.

The Assistant Commissioner (CT), Ganapathy Circle Coimbatore. .. Respondent Prayer:- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent herein to pass appropriate orders on the letter of the petitioner dated 25.10.2013 seeking a certificate in Form-S under Section 13 of the Tamil Nadu Value Added Tax Act, 2006 read with Rule 9(2) of the Tamil Nadu Value Added Tax Rules, 2007.

For Petitioner : Mr.N.Inbarajan For Respondent : Mr.Kanmani Annamalai AGP (T)

O R D E R

The Writ Petitioner has come forward with the aforesaid prayer.

2.The petitioner submitted that he has discharged the liability under Section 5 of the Value Added Tax Act. He further submitted that the authority has not issued Form-S to the petitioner, in spite of repeated requests made by the petitioner. 3.Taking note of the submission made by the petitioner and that the contention made by the petitioner has not been disputed by the respondent, the respondent is directed to furnish Form-S to the petitioner and thereafter proceed with the matter in accordance with law, after giving an opportunity of personal hearing to the petitioner on 25.03.2015. If the petitioner fails to avail the opportunity of personal hearing on https://hcservices.ecourts.gov.in/hcservices/

25.03.2015, the respondent is at liberty to pass orders on merits in the manner known to law. The writ petition is disposed of accordingly. No costs.

Sd/- Asst.Registrar (Lok adalat) /true copy/ Sub Asst. Registrar vga To The Assistant Commissioner (CT), Ganapathy Circle Coimbatore.

1 cc to Mr.N. Inbarajan, Advocate, sr. 10302 1 cc to Spl.Government Pleader (Taxes), Sr. 10412 W.P.No.4905 of 2015 AK (CO) kk 9/3 https://hcservices.ecourts.gov.in/hcservices/