2017 (6) TMI 1006

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.... the respondents ORDER P. C. 1. The petitioner has filed the present writ petition with following prayers : "(a) That this Hon'ble Court be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction under Article 226 of the Constitution of India. (i) Declaring 'note' "To be furnished to the assessing authority in ac....

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....sed by respondent no.3 under Section 9(2) of CST Act, 1956; (ii) refrain from acting upon or taking any further proceedings in pursuance of and / or in implementation and / or in furtherance of impugned orders dated 04.11.2015 passed by respondent no.3 under Section 9(2) of CST Act, 1956; (c) That this Hon'ble Court be pleased to issue a writ of certiorari or a writ in the nature of cert....

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.... (e) for interim relief in terms of prayer above; and (f) for costs of the petition; (g) for such further and other reliefs, as this Hon'ble Court may deem fit and proper in the nature and circumstances of the case." 2. The learned Counsel for the respondent raises a preliminary objection. So far as prayer clauses (b) and (c) are concerned, the petitioner has remedy of filing an appe....

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....under : " To be furnished to the Assessing Authority in accordance with the Rules framed under Section 13(4)(e)" 5. Perusing the Note, it only states that Form is to be furnished to the Assessing Authority in accordance with the Rules framed u/s 13(4)(e) of the Act. The Rules u/s 13(4)(e) are framed by the State Government. The said fact is not disputed. Whether as per Rules framed u/s 13(4)(e....