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Issues: Whether the writ appeal should succeed against the refusal to interfere on the ground of alternate remedy, and whether the assessing authority was justified in treating the F forms as invalid without verifying their authenticity with the Maharashtra sales tax authorities.
Analysis: The impugned assessment treated four F forms as defective and invalid on account of corrections and overwriting, but the record showed that the corrections were attested and that the appellant had even obtained confirmation from the Maharashtra sales tax authority regarding their genuineness. The assessing authority did not make any cross-check with the counterpart authority in Maharashtra, despite the established practice and administrative direction to verify such corrections before rejecting the forms. The materials also indicated that the impugned rejection was made without proper application of mind, and the case called for reconsideration rather than outright rejection.
Conclusion: The refusal to interfere was set aside, the assessment order was quashed, and the matter was remanded to the assessing authority for fresh verification and decision after considering the certificate produced by the appellant and, if necessary, communicating with the Maharashtra sales tax authority.