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Supreme Court of India

M/s. Arul & Co. v. State of Tamil Nadu & Anr.

[2009] 7 S.C.R. 3052009 INSC 566
Decided21-04-2009
BenchArijit Pasayat
Case typeCivil Appeal
SubjectSales Tax / GST
ResultDisposed off
CNRESCR010010902009
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Judgment

CIVILAPPELLATE JURISDICTION: Civil Appeal No. 4617 of 2004 From the Judgement and Order dated 29.01.2004 of the High Court of Judicature at M'adras· in Writ Petition No. 43203 of 2002 K.K. Mani, Mayur R. Shah, for the Appellants. R. Nedumaran, for the Respondents. The Judgement of the Court was delivered by DR. ARIJIT PASAYAT, J. 1. Challenge in this appeal is to the judgment of a Division Bench of the Madras High Court dismissing the writ petition filed by the appellant. The High Court relied on the decision of a Division Bench of the High Court against the assessee in writ petition No. 14768 of 2000 dated 11.12.2003. For reasons indicated in Civil appeal No. 5134-35 of2002 disposed of today, we find there is no scope for interference with the levy of tax made. However, the' penalty imposed stands set aside because G of what is stated in the said appeals. 2. The appeal is accordingly disposed of. G.N. Appeal disposed of.