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Civil · Reportable judgment

The State of Madhya Pradesh and Another vs M/s Commercial Engineers and Body Building Company Limited

Court
Supreme Court of India
Date
14 October 2022
Case No.
Civil Appeal No.7170 of 2022
Result
Allowed
Bench
M.R. Shah, Krishna Murari
Citation
[2022] 14 S.C.R. 985 : 2022 INSC 1088
Supreme Court Reports [2022] 14 S.C.R. 985 : 2022 INSC 1088
Headnote

Constitution of India: Art.226 – Writ jurisdiction in tax matters – Writ petition filed challenging order of asssessing officer denying input rebate under s.14 of MP VAT Act, 2002 – Entertainability of – Held: High Court ought not to entertain the writ petition under Art.226 challenging the assessment order denying the Input rebate against which a statutory appeal would be available under s.46(1) of the MP VAT Act, 2002 – Alternative efficacious remedy. Allowing the appeal, the Court

HELD: While entertaining the writ petition under Article

226 of the Constitution of India challenging the Assessment Order denying the Input rebate, the High Court has observed that there are no disputed question of facts arise and it is a question to be decided on admitted facts for which no dispute or enquiry into factual aspects of the matter is called for. The aforesaid can hardly be a good/valid ground to entertain the writ petition under Article

226 of the Constitution of India challenging the Assessment Order denying the Input rebate against which a statutory remedy of appeal was available. The original writ petitioner is to be relegated to prefer an appeal against the Assessment Order passed by the Divisional Deputy Commissioner, Commercial Tax, Jabalpur, which may be available under Section 46(1) of the MP VAT Act, 2002. [Paras 5, 7][987-E-F; 991-F]

The State of Maharashtra and Others v. Greatship (India) Limited [2022] 13 SCALE 770; United Bank of India v. Satyawati Tondon and Others (2010) 8 SCC

110 : [2010] 9 SCR 1 – relied on.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by M. R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 05.08.2015 passed by the High Court of Madhya Pradesh, Principal Seat at Jabalpur in Writ Petition No. 7628/2015, by which the Division Bench of the High Court has entertained the writ petition under Article 226 of the Constitution of India and has quashed and set aside the Assessment Order passed by the Divisional Deputy Commissioner, Commercial Tax, Jabalpur, the State of Madhya Pradesh has preferred the present appeal. 2. By an Assessment Order dated
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