IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 28306 of 2007 Between: M/s. Malik Enterprises, 6-3-248/3,Banjara Hills, Hyderabad rep.by its managing partner Mr.Rajesh Nalik, ..... PETITIONER AND 1 The Assistant Commissioner (CT) (Audit-IV), Central Audit Unit, office of the Commissioner of Commercial Taxes, Nampally, Hyderabad 2 The Authority for Clarification & Advance Rulings, Commercial Taxes department, Government of Andhra Pradesh, Hyderabad 3 The Assistant Commissioner of Commercial Taxes, Large Tax payers Unit, Punjagutta Division, Hyderabad 4 The State of Andhra Pradesh, rep.by its Principal Secretary Department of Revenue, Secretariat, Government of Andhra Pradesh, Hyderabad .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue an appropriate writ order or direction more particularly in the nature of writ of Certiorari call for the records relating to and connected with the impugned order of the 1st respondent in making an assessment of Value Added Tax under the impugned proceedings in Form-VAT-305 dated 13.12.2007 for the period April 2005 to March 2006 April 2006 to March 2007 and April 2007 to June 2007 in accordance with the advance ruling dated 30.4.2005 and quash the same. Counsel for the Petitioner:MR.C.B.RAM MOHAN REDDY Counsel for the Respondents.: SPECIAL STANDING COUNSEL FOR COMMERCIAL TAX The Court made the following : THE HON'BLE MRS JUSTICE T.MEENA KUMARI & THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 28306 of 2007 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) When this writ petition has come up for admission, both the counsel have agreed that the matter has to be remanded to the 1st respondent in terms of G.O.Ms.No:144, dated 11.2.2008 for consideration afresh. Accordingly, the writ petition is allowed and the matter is remanded to the 1st respondent for passing orders afresh on or before 31st August 2008, in accordance with law. No order as to costs. ________________________ Justice T. Meena Kumari ___________________________ Justice Ramesh Ranganathan Date: 25th July, 2008 Nn/gurc. THE HON'BLE MRS JUSTICE T.MEENA KUMARI & THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No:28306 OF 2007 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 25/07/2008