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Madras High CourtWP/25963/2009allowed

M/S.Micky Traders, v. The Assistant Commissioner

2018-06-14Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.06.2018

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.25963 of 2009 and M.P.No.2 of 2009 M/s.Micky Traders, Rep. by its Proprietor, S.Garish Kumar, No.17/56, V.H.Road, Coimbatore.

... Petitioner vs.

The Assistant Commissioner (CT) (FAC), Oppanakara Street Circle, Coimbatore.

... Respondent Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari to call for the records on the file of the respondent in his proceeding in CST ASST. No.278875/2004-2005 dated 30.09.2009 and to quash the same. For Petitioner :

Mrs.R.Hemalatha For Respondent :

Mrs.G.Dhanamadhri, Government Advocate (Taxes)

O R D E R

The learned counsel on either side fairly submitted that the issue involved in this writ petition is squarely covered by the decision of this Court in the case of Ferrari Shoes (India) Pvt. Ltd., vs. The Deputy Commercial Tax Officer and Another in W.P.No.35586 of 2007 dated 26.10.2017.

2. In the light of the above, this writ petition is allowed and the impugned notice is set aside. No costs. Consequently, the connected miscellaneous petition is closed. abr Sd/- Assistant Registrar(co) //True Copy// Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/

To The Assistant Commissioner (CT) (FAC), Oppanakara Street Circle, Coimbatore.

+2cc to M/s.R.Hemalatha, Advocate SR.No.37693 +1cc to Special Government Pleader SR.No.38001 NMI(CO) sm:27.6.2018 W.P.No.25963 of 2009 1/2 https://hcservices.ecourts.gov.in/hcservices/