KIRLOSKAR PNEUMATIC CO LTD Vs. COMMERCIAL TAX OFFICER

JUDGEMENT

(1.) THE Honourable Chief Justice: the writ petitions have been filed against the assessment orders dated 31. 1. 2005 passed by the Commercial Tax Officer, Anna Salai III Assessment Circle, Chennai-6.

(2.) IN our opinion, the writ petitioner had a clear alternative remedy of filing an appeal under Section 31 of the Tamil Nadu General Sales Tax Act, 1959. It is well settled that particularly in tax matters there should be no short circuiting the alternative remedy of filing of statutory appeal/revision vide Titaghur Papers Mills Co. Ltd. vs. State of Orissa, AIR 1983 SC 603, Assistant Collector of Central Excise, Chandan Nagar, West Bengal vs. Dunlop India Ltd. , AIR 1985 SC 330 etc. The writ petitions are therefore dismissed on the ground of alternative remedy. However, if the writ petitioner files an appeal within a period of one month from today the same will be entertained without raising any objection with regard to limitation and the same shall be decided by the appellate authority expeditiously thereafter. Consequently the writ appeals have become infructuous and are dismissed as such. Connected miscellaneous petitions are dismissed.