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2011 Supreme(AP) 152

V.V.S.RAO, RAMESH RANGANATHAN
SRI LAKSHMI VENKATESWARA INDUSTRIES – Appellant
Versus
COMMERCIAL TAX OFFICER, VANASTHALIPURAM CIRCLE, HYDERABAD, AND OTHERS. – Respondent


Advocates Appeared:
Bhaskar Reddy Vemireddy - Petitioner.
A. V. Krishna Koundinya - Respondent.

ORDER

Ramesh Ranganathan, JJ.

The order of the first respondent dated July 26, 2010, cancelling the VAT registration granted earlier to the petitioner, and her failure to issue way bills, is under challenge in this writ petition as being arbitrary, illegal and without jurisdiction.

The petitioner, a partnership-firm carrying on business in the manufacture and sale of PVC pipes, is an assessee on the rolls of the first respondent under the provisions of the Andhra Pradesh Value Added Tax Act, 2005 (hereinafter referred to as, "the Act"). They purchased a sick unit, hitherto owned by the third respondent, in a public auction conducted by the Andhra Pradesh State Financial Corporation (APSFC) in exercise of its powers under section 29 of the State Financial Corporation Act. It is the petitioner's case that, on payment of the entire sale consideration of Rs. 52.56 lakhs, the APSFC had executed a sale deed dated November 2, 2009 in their favour; the factory premises consisting of land admeasuring 6000 sq. meters in plot Nos. 50, 51, 52, 54, 55 and 56 covered by Sy. No. 448/2, 449/2 and 450/2 situated in the Industrial Estate, Chityala, Nalgonda District along with plant and machinery, we




















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