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[Cites 7, Cited by 0]

Madras High Court

M/S.Marutham Apartments vs The Assistant Commissioner (Ct)(Fac) on 5 April, 2024

Author: J.Sathya Narayana Prasad

Bench: Sanjay V.Gangapurwala, J.Sathya Narayana Prasad

                                                                         WP Nos.19181 to 19190 of 2010

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED:      05.04.2024

                                                       CORAM

                             THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
                                                           AND
                                  THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD

                                           WP Nos.19181 to 19190 of 2010
                                           and M.P.Nos.1 of 2010 (10 Nos.)

                     W.P.No.19181 of 2010

                     M/s.Marutham Apartments,
                     Rep. by its Partner Mr.R.Rajendran,
                     No.11/32, Ganga Nagar First Street,
                     Kodambakkam, Chennai 600 024.                .. Petitioner in all WPs.

                                                           -vs-

                     1. The Assistant Commissioner (CT)(FAC),
                        Vadapalani II Assessment Circle,
                        SAIER Mansion, First Floor,
                        Annasalai, Chennai 600 006.

                     2. The Commercial Tax Officer,
                        Group-VII, Enforcement (Central),
                        Greams Road, Chennai 600 006.

                     3. The State of Tamilnadu,
                        Rep. by its Secretary,
                        Commercial Taxes and Registration Department,
                        Omandurar Estate, Mount Road,
                        Chennai 600 003.                        .. Respondents in all WPs.


                     Prayer: Petitions filed under Article 226 of the Constitution of India for
                     issuance of a Writ of Declaration to declare the Amendment Act 21 of 2007

                     Page 1 of 4



https://www.mhc.tn.gov.in/judis
                                                                              WP Nos.19181 to 19190 of 2010

                     inserting the words "other than the dealers who purchases goods from
                     outside the State or imports goods from outside the Country" in Section 6 of
                     the Tamilnadu Value Added Tax, 2006 as ultravires the provisions of Article
                     14 read with Article 19(1)(g) and Article 21, Article 301, 304 of the
                     Constitution of India apart from being unreasonable, unjust, arbitrary, unfair,
                     violating level playing field and to call for the records of the impugned
                     proceedings dated 26.07.2010.


                     For Petitioner
                     in all WPs.                    :     Mr.V.Sundareswaran

                     For Respondents
                     in all WPs.                    :     Mr.C.Harsha Raj
                                                          Spl. Govt. Pleader (T)

                                                            *****

                                                        COMMON ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.V.Sundareswaran, learned counsel for the petitioner and Mr.C.Harsha Raj, learned counsel for the respondents.

2. The issue in the present matters is no longer res integra. It is already decided by the Division Bench of this Court in the case of L.G.Electronics vs. State of Tamil Nadu, under judgment dated 31.03.2022 in W.P.No.29096 of 2007, etc. (batch), reported in Manu/TN/4547/2022.

Page 2 of 4

https://www.mhc.tn.gov.in/judis WP Nos.19181 to 19190 of 2010

3. In terms of the aforesaid judgment, the petitioner is directed to submit their reply within a period of four weeks from the date of receipt of a copy of this order and the concerned assessing officers shall fix a date for personal hearing within two weeks thereafter and pass orders within a further period of four weeks. In case, the assessee fails to submit their reply, it is open to the assessing officers to fix a date for hearing and thereafter, pass orders in accordance with law.

The writ petitions are accordingly disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

                                                              (S.V.G., CJ.)       (J.S.N.P., J.)
                                                                         05.04.2024
                     Index                   : Yes/No
                     Neutral Citation        : Yes/No

                     sra




                     Page 3 of 4



https://www.mhc.tn.gov.in/judis WP Nos.19181 to 19190 of 2010 THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J.

(sra) To

1. The Assistant Commissioner (CT)(FAC), Vadapalani II Assessment Circle, SAIER Mansion, First Floor, Annasalai, Chennai 600 006.

2. The Commercial Tax Officer, Group-VII, Enforcement (Central), Greams Road, Chennai 600 006.

3. The Secretary to Govt. of Tamilnadu, Commercial Taxes and Registration Department, Omandurar Estate, Mount Road, Chennai 600 003.

WP Nos.19181 to 19190 of 2010 05.04.2024 Page 4 of 4 https://www.mhc.tn.gov.in/judis