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2002 Supreme(Gau) 372

RANJAN GOGOI
Bajrangpur Tea Company (P) Ltd. – Appellant
Versus
State of Assam and Ors. – Respondent


Advocates Appeared:
M.Hazarika, K.N.Choudhary, D.Barua, A.K.Saraf, S.K.Agarwal, S.K.Kejriwal, O.P.Bhati, S.Saikia, S.Kejriwal

RANJAN GOGOI, J-

In this batch of writ petitions, the writ petitioners seek to challenge the validity of the provisions of Rules 43(3), 43(6)(c) and 43(7)(j)(iii) of the Assam General Sales Tax Rules as brought in by the amendment to the rules published by notification dated 11th September, 2000. The more specific challenge insofar as the aforesaid rules are concerned, is in respect of the requirement imposed by the said rules on the concerned dealers to obtain a Despatch Note in Form-35 for transportation of goods outside the State of Assam from a place within the State and for production of the aforesaid Despatch Note in Form-35 at the checkgates.

2. For the purposes of the present case, it will be necessary to consider the lead arguments advanced on behalf of the petitioners by Dr. A.K. Saraf, learned sr. counsel, though all the counsels appearing for the writ petitioners have been heard. Mr K.N. Choudhury, learned sr. counsel appearing on behalf of the respondents has also been heard.

3. The arguments advanced on behalf of the petitioners are two-fold. The requirement of the obtaining a Despatch Note in Form-35 as enjoined by the provisions of the aforesaid rules is contended by t















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