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2009 Supreme(SC) 587

ARIJIT PASAYAT, ASOK KUMAR GANGULY
Ravi Gupta – Appellant
Versus
Commissioner Sales Tax, Delhi – Respondent


Advocates appeared:
For the Appellant :Nikhil Nayyar, TVS Raghavendra Sreyas, Ambuj Agrawal, Advocates.
For the Respondents:A.K. Panda, Sr. Adv., Mrs. Varuna Bhandari Gugnani, Mrs. Anil Katiyar, Advocates.

JUDGMENT

Dr. Arijit Pasayat, J.—

1. Leave granted.

2. Challenge in this appeal is to the order passed by a Division Bench of the Delhi High Court dismissing the Writ Petition (C) No. 9446 of 2006 filed by the appellant.

3. The factual position is almost undisputed and needs to be noted in brief.

The appellant is a dealer registered under the Delhi Sales Tax Act, 1975 (in short the ‘Act’) and Central Sales Tax Act, 1956 (in short the ‘CST Act’). Assessments were completed by the Assessing Officer for the assessment years 1999-2000, 2000-2001 and 2001-2002 under the Act and CST Act. The total demand raised was in the neighbourhood of Rs.8.3 crores. The major portion of the demand was raised on the ground that the assessee did not furnish the requisite declaration forms i.e. Form No.ST-1 under the Act and Form C and Form E-1 under the CST Act. The Assessing Officer was of the view that ample opportunity was granted to the appellant to produce the declaration forms which it failed to furnish. Therefore, the demands were raised. Before the First Appellate Authority, the appellant prayed for further time to produce the declaration forms which was declined. There was no appearance when th



















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