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2020 Supreme(SC) 363

A.M.KHANWILKAR, DINESH MAHESHWARI
Assistant Commissioner (CT) LTU, Kakinada – Appellant
Versus
Glaxo Smith Kline Consumer Health Care Limited – Respondent


Advocates Appeared:
For the Appellant(s) :G.N. Reddy, Advocates
For the Respondent(s):V. Lakshmikumaran, Charanya Lakshmikumaran, Aaditya Bhattacharya, Apeksha Mehta, Advocates

JUDGMENT

A.M. Khanwilkar, J.

1. Leave granted.

2. The moot question in this appeal emanating from the judgment and order dated 19.11.2018 in Writ Petition No. 39418/2018 passed by the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh [For short, “the High Court”] is: whether the High Court in exercise of its writ jurisdiction under Article 226 of the Constitution of India ought to entertain a challenge to the assessment order on the sole ground that the statutory remedy of appeal against that order stood foreclosed by the law of limitation?

3. The respondent is a registered dealer on the rolls of Assistant Commissioner of Commercial Taxes, Large Tax Payer Unit at Kakinada Division [For short, “the Assistant Commissioner”] under the provisions of Andhra Pradesh Value Added Tax Act, 2005 [For short, ”the 2005 Act”] and the Central Sales Tax Act, 1956 [For short, “the 1956 Act”] and is engaged in the business of manufacturing and sale of Horlicks, Boost, Biscuits, Ghee, Ayurvedic Medicines etc. The Assistant Commissioner had called upon the respondent to produce books of accounts for the assessment year 2013­14 for finalisation of assessment


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