Civil Writ Petition No.4686 of 2010 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.4686 of 2010 (O&M) Date of decision: 13.1.2011 Chandermukhi Rice & General Mills ...Petitioner Versus State of Haryana and others ...Respondents CORAM: HON'BLE MR.JUSTICE ADARSH KUMAR GOEL HON'BLE MR.JUSTICE AJAY KUMAR MITTAL Present: Mr. Suresh Kumar Yadav, Advocate for the petitioner **** ADARSH KUMAR GOEL, J ( Oral) Civil Misc. No.12344 of 2010 Heard. Order dated 2.8.2010 dismissing the petition in default is recalled. Civil Writ Petition No4686 of 2010 This petition seeks quashing of order dated 25.1.2010- Annexure P-5 passed by Haryana Tax Tribunal under the provisions of the Haryana General Sales Tax Act, 1973. Case of the petitioner is that it was granted exemption from tax under Rule 28A of the Haryana General Sales Tax Rules, 1975. The petitioner sold rice under the procurement order and received price which included purchase tax. The assessing officer Civil Writ Petition No.4686 of 2010 -2- **** made assessment accepting the return of the petitioner. The Revisional Authority, exercising suo motu powers, held that the petitioner having received purchase tax as part of the price from the District Food and Supply Controller, could not retain the same. This view has been upheld by the Tribunal. Learned counsel for the petitioner fairly states that matter is now covered against the petitioner by judgment of Hon'ble Supreme Court dated 23.9.2010 delivered after the filing of this petition in Jay Vee Rice & General Mills Vs. State of Haryana & others (2010) 10 SCC 607. Accordingly, the petition is dismissed. (Adarsh Kumar Goel) Judge January 13,2011 (Ajay Kumar Mittal) Pka Judge