GOVERDHAN BARDHAR, MOHAMMAD RAFIQ
Combined Traders, 2672 – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT :
This writ petition has been filed by petitioner, namely, Combined Traders, praying for declaring Rule 17(20) of the Central Sales Tax (Rajasthan) Rules, 1957 (for short, ‘the Rajasthan Rules’), as introduced through notification dated 14.07.2014, ultra vires of Section 8(4), 13(1)(d), 13(3) & 13(4)(e) of the Central Sales Tax Act, 1956. Further prayer is made to declare the cancellation of ‘C’ forms permitted to be downloaded on the website of the Department to respondents no.4 and 5, vide order dated 07.12.2017, as illegal, without the authority of law and violative of Article 19(1)(g) of the Constitution of India. Prayer is also made for quashing and setting aside the communications dated 20.11.2017 and 30.11.2017 sent by the respondent no.3 to the VATO Ward-17, New Delhi, as being preposterous and not sustainable as the said communications preceded the date of cancellation of ‘C’ form, which was 07.12.2017. The petitioner has further prayed for declaration that the registration certificates of the respondents no.4 and 5, which were cancelled on 07.12.2017 with retrospective effect from 01.05.2017, were valid during the period when transactions were made by the petition
Commissioner of Sales Tax Vs. Shree Krishna Engg. - (2005) 2 SCC 692
Chhabra Electric Stores Vs. Commissioner of Delhi – 1972 (30) STC 85 (Del)
Hindustan Zinc Ltd. v/s Rajasthan Electricity Regulatory Commission - (2015) 12 SCC 611
India Carbon Vs. State of Assam – (1997) 106 STC 460 (SC)
Khemka & Company Vs. State of Maharashtra – 1975 (3) SCR 753
Laghu Udyog Bharti and Another Vs. Union of India and Others – (1999) 6 SCC 418
State of Orissa Vs. Santosh Kumar and Co. - (1983) 54 STC 322 (Orissa)
State of Maharashtra Vs. Suresh Trading Company – (1998) 109 STC 439 (SC)
State of Madras Vs. Radio Electricals Ltd. - (1966) 18 STC 222 (SC)
Tithagur Paper Mills v/s State of Orissa
TVS Company V/s. State of Tamil Nadu reported in (2018) AIR(SC) 5624
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