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2013 Supreme(Mad) 611

R.SUDHAKAR
Sri Vinayaga Agencies – Appellant
Versus
Assistant Commissioner (CT), Vadapalani – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mrs. Aparana Nandakumar, Advocate.
For the Respondents:Manohar Sundaram, Government Advocate (Taxes).

JUDGMENT

1. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents.

2. Though an alternative remedy is available in cases of this nature, when on going through the admitted facts of the cases and taking note of the reasons given by the authority in the orders impugned, the Court is of the view that there is a gross error on the part of the authority in holding that the petitioner is liable for the non-payment of tax by the selling dealer. This apparently is a mistake which is admitted in the pre-revision notices and in the orders themselves. Therefore, the Court, in exercise of power under Article 226, is entitled to correct such gross injustice, arbitrariness and error apparent on the face of record.

3. The petitioner in these cases is a dealer in lubricants and has a valid TIN number issued by the respondent. The three assessment years relate to 2008-09, 2009-10 and 2010-11. In all these cases, the petitioner purchased lubricants from M/s Classic Enterprises, falling under the jurisdiction of the Assistant Commissioner (CT), Palayamkottai Assessment Circle, and the seller-M/s Classic Enterprises has a valid TIN No.3383556355. It appea



























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