THE HON'BLE SRI JUSTICE P. SAM KOSHY
AND
THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
T.R.E.V.C.No.220 of 2004
ORDER:(per Hon'ble Sri Justice P.SAM KOSHY)
Heard Mr. K. Raji Reddy, learned Special Standing Counsel
for Commercial Taxes representing the State and Mr. S. Ravi,
learned counsel for the respondent and perused the record.
2. The instant Tax Revision Case has been filed assailing the order dated 07.07.2004 passed in T.A.No.1478 of 2003 by the learned Sales Tax Appellate Tribunal, Andhra Pradesh, Hyderabad (for short "the Tribunal").
3. Vide the impugned order dated 07.07.2004, the Tribunal had set aside the order dated 25.03.2003 passed by the Deputy Commissioner(CT), Secunderabad, so far as it relate to denial of tax deferment benefit granted by the Commercial Tax Officer for the years 1997-98 and 1998-1999. The Tribunal, while passing the said order had relied upon the decision of the Tribunal itself in the case of M/s. Orient Cement Vs. The State of Andhra Pradesh in T.A.No.774 of 2002, wherein, it has been held that the Circular of Commissioner of Commercial Taxes in CCTs Ref.A11(3)/2477/2000, dated 22.02.2001 cannot have any overriding effect on G.O.Ms.No.75. The judgment in the case of 2 PSK,J & LNA,J TREVC.No.220 of 2004 M/s. Orient Cement (supra) was subsequently affirmed by the Hon'ble High Court as also by the Hon'ble Supreme Court.
4. Given the said legal position as it stands, we do not find any merits in the case challenging the order dated 07.07.2004 passed by the Tribunal. We are also not inclined to interfere with the impugned order dated 07.07.2004 in the light of the subsequent developments that have been transpired in as much as the respondent i.e., M/s. Ballarpur Industries Limited having gone in liquidation before the NCLT, Mumbai and as per the scheme, M/s. Finquest Financial Solutions Pvt. Ltd., has taken over the respondent's industry as new management. There has been substantial amendment brought by the Department so far as the status of the respondent is concerned.
5. In view thereof, the Tax Revision Case fails and is accordingly rejected. There shall be no order as to costs.
Miscellaneous applications pending, if any, shall stand closed.
__________________ P. SAM KOSHY, J ________________________________ LAXMI NARAYANA ALISHETTY, J Date: 20.09.2023 Pvt 3 PSK,J & LNA,J TREVC.No.220 of 2004 THE HONOURABLE SRI JUSTICE P. SAM KOSHY AND THE HONOURABLE SRI JUSTICE LAXMI NARAYANA ALISHETTY T.R.E.V.C.No.220 of 2004 Date: 20.09.2023 Pvt