AJAY KUMAR MITTAL, MANJARI NEHRU KAUL
Ashoka Enterprises – Appellant
Versus
Union Territory of Chandigarh – Respondent
JUDGMENT :
Ajay Kumar Mittal, J.
1. The petitioner has approached this Court under Article 226 of the Constitution of India, seeking quashing of the order dated 26.03.2019 (Annexure P-3), passed by respondent No. 3, under the provisions of the Punjab Value Added Tax Act, 2005 (in short ‘the 2005 Act’). A further prayer has been made for issuing direction to respondent No. 3 to levy the interest on the tax liability as per the applicable provisions of the Central Sales Tax Act, 1956 and the 2005 Act, for the Assessment Year 2010-11.
2. After hearing learned counsel for the petitioner and perusing the averments made in the writ petition, we find that the disputed questions of fact have been sought to be raised in the writ petition. Further, the petitioner has an alternative efficacious remedy of appeal against the impugned orders. The Apex Court in Commissioner of Income Tax vs. Chhabil Dass Agarwal, (2013) 357 ITR 357, elaborately considered the question of entertaining writ petition where alternative statutory remedy was available. After examining the relevant case law on the point, it was recorded in Paras 14 to 20 as under:-
A. Venkatasubbiah Naidu vs. S. Chellappan
Commissioner of Income Tax vs. Chhabil Dass Agarwal
CCE vs. Dunlop India Ltd. (1985) 1 SCC 260
G. Veerappa Pillai vs. Raman and Raman Ltd. AIR 1952 SC 192
GKN Driveshafts (India) Ltd. vs. ITO
H.B. Gandhi vs. Gopi Nath and Sons
Harbanslal Sahnia vs. Indian Oil Corporation Ltd. (2003) 2 SCC 107
K.S. Rashid and Sons vs. Income Tax Investigation Commission
K.S. Venkataraman and Co. (P) Ltd. vs. State of Madras
Kerala SEB vs. Kurien E. Kalathil
L.L. Sudhakar Reddy vs. State of A.P. (2001) 6 SCC 634
Mafatlal Industries Ltd. vs. Union of India
Municipal Council, Khurai vs. Kamal Kumar
Munshi Ram vs. Municipal Committee, Chheharta
N.T. Veluswami Thevar vs. G. Raja Nainar
Punjab National Bank vs. O.C. Krishnan
Pratap Singh vs. State of Haryana
Rajasthan SRTC vs. Krishna Kant
Ram and Shyam Co. vs. State of Haryana
Ramendra Kishore Biswas vs. State of Tripura
Secy. of State vs. Mask and Co. AIR 1940 PC 105
S.T. Muthusami vs. K. Natarajan
State of U.P. vs. Mohammad Nooh
Siliguri Municipality vs. Amalendu Das
Sangram Singh vs. Election Tribunal, Kotah
Shivgonda Anna Patil vs. State of Maharashtra
State of H.P. vs. Gujarat Ambuja Cement Ltd. (2005) 6 SCC 499
Thansingh Nathmal vs. Supdt. of Taxes
Tin Plate Co. of India Ltd. vs. State of Bihar
Titaghur Paper Mills Co. Ltd. vs. State of Orissa
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