2015 (9) TMI 207

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Respondent : Mr Maithili Mehta, APP. ORDER (Per : Honourable Mr. Justice A. J. Desai) 1. Rule. Ms. Maithili Mehta, learned AGP waives service of notice of Rule on behalf of respondent. 2. The matter is taken up for final hearing with the consent of the learned advocates for the respective parties. 3. Pursuant to notice issued by this Court, affidavitinreply is filed by the responde....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....eived on 25.04.2015. [c] The Hon'ble Court may award costs the petitioner against the respondent for not following the binding decision of the Gujarat High Court in the matter of M/s. Meet Traders and M/s. Madhav Steel Corpn. and the decision of the Supreme Court M/s. Suresh Trading Co. virtually amounting to contempt of the Court and breach of judicial discipline. [d] The Court may g....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....o were registered under the provisions of the act, and therefore, the petitioner is genuine purchaser and he cannot be asked to pay the tax only on the ground that the registration of the sellers have been cancelled with retrospective effect. There is not discussion in the order about the genuineness of the petitioner and his purchases and therefore, the order is required to be quashed and set asi....