STERLITE TECHNOLOGIES LTD Vs. DHAR INDUSTRIES

JUDGEMENT

(1.) Review of order dated 12.4.2012 passed in Writ Petition No. 8653/2011 is being sought vide this Review Petition.

(2.) The claim by respondent was for recovery in lieu of the penalty allegedly imposed by the Commercial Tax Department for late submission of 'C ' form. The said C Form was in lieu of goods supplied during 2005-06 to the tune of Rs.87,99,332/- supplied by the petitioner, a manufacturer of Optical Fiber Jelly Filled Copper Telecom Cables and Power Conductors and Galvanized Steel Tapes used for packing by manufacturing industries. This would be evident from paragraph 3 of the order dated 31.7.2010 which states the facts in following term:

(3.) The claim in turn was based on order dated 27.12.2008 allegedly issued by Assistant Commissioner, Commercial Tax Indore, directing recovery of Rs.60,29,963/-. The Council while discarding the objections raised by the petitioner, allowed the claim of respondent in following terms: