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2014 Supreme(Jhk) 297

R.BANUMATHI, SHREE CHANDRASHEKHAR
Padam Kumar Jain – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant:Mr. Ananda Sen, Advocate
For the Union of India: Mr. Md. Mokhtar Khan, ASGI
For the State: Mr. Ajit Kumar, AAG.

JUDGMENT

R. Banumathi, C.J. and Shree Chandrashekhar, J. - The assessee namely M/s. Padam Kumar Jain has filed W. P. (T) No. 1614 of 2013 with respect to demand raised for the assessment year 201112, W. P. (T) No. 1612 of 2013 with respect to demand raised for the assessment year 201011 and W. P. (T)No. 1613 of 2013 with respect to demand raised for the assessment year 200910. Since a common question of law has been raised in all the three writ petitions, they were heard together and are disposed of by a common order.

2. In these writ petitions, the petitioner-assessee has challenged the vires of Rule 64D of the Mineral Consession Rules, 1960 and has sought quashing of orders dated 31.01.2013 passed separately for the different assessment years.

3. Though, in the writ petitions, notification dated 10.12.2009 has been challenged and a declaration has been sought that the Central Government by virtue of substitution of Rules 64D of the Mineral Concessions Rules, 1960 has got no authority to fix sale price of Iron Ore which is a decontrolled item, the learned counsel for the petitioner during the course of argument submitted that the petitioner is not pressing those prayers at this stage






































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