JUDGMENT :

B.N. Mahapatra, J. - This writ petition has been filed with the following prayers :

(i) Admit and allow the present writ petition,

(ii) Strike down section 77(4) of the Orissa Value Added Tax Act, 2004 read with the proviso to rule 87 of the Orissa Value Added Tax Rules, 2005 as ultra vires the Constitution of India and declare it as unconstitutional and violative of articles 14, 19, 21 and 265 of the Constitution of India.

(iii) Strike down section 42(5) of the Orissa Value Added Tax Act, 2004 read with rule 49(6) of the Orissa Value Added Tax Rules, 2005 as ultra vires the Constitution of India and declare it as unconstitutional and violative of articles 14, 19, 21 and 265 of the Constitution of India.

(iv) Quash the impugned audit assessment order dated October 20, 2008 for the assessment year 2005-06 and consequent demand notice(s) under the Orissa Value Added Tax Act, 2004.

(v) Quash the impugned communication notice No. 2177 dated May 16, 2008 under the OVAT in form VAT 306 issued by the assessing authority and the enclosed audit visit report dated March 31, 2008.

The petitioner's case in a nutshell is that it is a company incorporated and registered under the Companies