INTERNATIONAL METRO CIVIL CONTRACTORS Vs. COMMR OF SALES TAX
HIGH COURT OF DELHI
INTERNATIONAL METRO CIVIL CONTRACTORS
COMMR. OF SALES TAX
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Thakur, J. -
(1.) Mr. Bhardwaj, learned senior counsel for the respondents submits that the
respondents have already withdrawn the impugned notice dated 21st February, 2006
and issued a fresh notice dated 18th July, 2007 which has already been served
upon the petitioner. He further states that since notice dated 7th February,
2007 issued after the filing of this petition was also in continuation of the
earlier notice dated 21st February, 2006, the withdrawal of notice dated 21st
February, 2006, must necessarily mean that the subsequent notice dated 7th
February, 2007 has also been withdrawn. In that view therefore, this writ
petition has become infructuous according to Mr. Bhardwaj and could be dismissed
(2.) Learned counsel for the petitioner submits that the petitioner has
received notice dated 18th July, 2007 and that if the petition is disposed of as
infructuous, the petitioner should be given the liberty to challenge the said
subsequent notice on all such grounds as may be legally open to it. We see no
reason to decline that limited prayer.
(3.) We accordingly dismiss this petition as infructuous with liberty to the
petitioner to file a fresh petition challenging notice dated 18th July, 2007 on
all such grounds as may be otherwise open to the petitioner.;
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