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2022 Supreme(Telangana) 409

UJJAL BHUYAN, SUREPALLI NANDA
Kirby Building Systems and Structures India Private Limited – Appellant
Versus
Assistant Commissioner, State Tax, Charminar Division, 1st Floor, Gagan Vihar Complex, Nampally, Hyderabad – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Karan Talwar
For the Respondent: Mr. K.Raji Reddy

ORDER:

Ujjal Bhuyan, J.

Heard Mr. Karan Talwar, learned counsel for the petitioner and Mr. K.Raji Reddy, learned Senior Standing Counsel for Commercial Tax for the respondents.

2. By filing this petition under Article 226 of the Constitution of India, petitioner has prayed for the following reliefs:-

    1. To set aside revision notice of assessment dated 11.07.2011;

2. To direct the respondents to refund a sum of Rs.40,00,000.00 to the petitioner; and

3. To direct the respondents to pay interest @ 1% per month for the delay in granting the refund.

3. Petitioner was a registered dealer under the Telangana Value Added Tax Act, 2005 (briefly referred to hereinafter as the ‘VAT Act’). Petitioner is engaged in the business of manufacturing pre-engineered steel buildings.

4. For the assessment period 2008-09, assessment order was passed by the 1st respondent on 08.06.2009 under the VAT Act levying tax of Rs.1,14,858.00.

5. On the ground that the aforesaid order was prejudicial to the interest of the revenue, revised notice of assessment dated 11.07.2011 was issued by the 2nd respondent. Thereafter, respondent No.2 passed revisional order dated 29.07.2011 enhancing the levy of tax to Rs.1,51,63,868

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