N.PAUL VASANTHAKUMAR, P.DEVADASS
Dishnet Wireless – Appellant
Versus
Commercial Tax Officer (Main) – Respondent
N. Paul Vasanthakumar, J.
1. These writ appeals are preferred by the writ petitioners in W.P.Nos.30351 and 30352 of 2013, which were dismissed by the learned single Judge by common order dated 28.11.2013 on the ground of availability of alternate remedy of filing appeal before the Appellate Authority against the assessment orders passed under Section 51 of the Tamil Nadu Value Added Tax Act, 2006.
2. The brief facts necessary for disposal of these writ appeals are as follows:
(a) The appellant Companies are incorporated under the Companies Act and were granted licence under Section 4 of the Indian Telegraph Act, 1885 to set up and operate Unified Access Service Licence (UASL) in their respective licensed service areas. Appellants have established telecommunication towers and other hardwares and softwares across the country for UASL service.
(b) They have registered themselves under the Tamil Nadu General Sales Tax Act, 1959 (TNGST Act) for carrying on internet service in the State of Tamilnadu.
(c) The appellants have entered into a Business Transfer Agreement on 14.1.2010 with the Chennai Network Infrastructure Limited by which the appellants have sold the undertaking to M/s.Ch
(2006) 9 SCC 256 (Himmat Singh v. State of Haryana)
(2011) 2 SCC 782 (Kanaiyalal Lalchand Sachdev v. State of Maharashtra)
AIR 1979 SC 1250 (Munshi Ram & Ors. v. Municipal Committee
(1983) 2 SCC 433 (Titaghur Paper Mills Co.Ltd. v. State of Orissa)
(2012) 3 Scale 359 (Union of India v. Guwahati Carbon Ltd.)
G.Veerappa Pillai v. Raman and Raman Ltd.
Assistant Collector of Central Excise, Chandan Nagar v. Dunlop India Limited
C.A.Ibrahim v. ITO, AIR 1961 SC 609; H.B.Gandhi v. M/s.Gopinath & Sons
Karnataka Chemical Industries v. Union of India, 1999
Titaghur Paper Mills Co. Ltd. v. State of Orissa - AIR 1983 SC 603
Titaghur Paper Mills Co. Ltd. v. State of Orissa - AIR 1983 SC 603:
Assistant Collector of Central Excise
Sheela Devi v. Jaspal Singh, AIR 1999 SC 2859 and Punjab National Bank v. D.C.Krishna
A. Venkatasubbiah Naidu v. S.Chellappan
(2010) 4 SCC 772 (Raj Kumar Shivhare v. Assistant Director
(2009) 22 VST 134 (Mad) (Chopard Builders Ltd. v. Deputy Commercial Tax Officer
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.