HYDERABAD INDUSTRIES LTD. Vs. COMMERCIAL TAX OFFICER

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order passed by High Court of Madras in Writ Petition No. 6169 of 2002, dated 01.04.2004 whereby and whereunder the Division Bench of the High Court by a well -reasoned order has rejected the writ petition filed by the Appellant -herein. The Appellant has filed the aforesaid Writ Petition, inter alia, questioning the order passed by the Tamil Nadu Taxation Special Tribunal, Chennai in Tax Case (Revision) No. 147 of 2000, dated 24.01.2001, whereby the Tribunal had allowed the Revenue's appeal against the order passed by the Tamil Nadu Sales Tax Appellate Tribunal (Additional Bench), Chennai in T.A. No. 870 of 1993.

(2.) THE assessment year in question is 1988 -89. Since we are in complete agreement with the view expressed by the Division Bench of the High Court, we do not intend to delve into the facts of the case and also various submissions made by the learned Counsels for the parties. In the instant case, suffice it is to appreciate and confirm the correct principle of law.

(3.) WHILE enunciating so, the High Court has followed the decision of the Constitution Bench of this Court in the case of Tungabhadra Industries Ltd. v. CTO : [1960] 11 STC 827. Therein, the Constitution Bench of this Court has observed as under: