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POONARAM KHIMARAM CHAUDHARY vs. STATE OF MAHARASHTRA & OTHERS
(Bombay High Court)

Hon'ble Judges:

SONAK
JITENDRA JAIN
Pet. Counsel
Mahesh S. Mandhana.
S. D. Vyas
Res. Counsel
---
Ashutosh Mishra.

Petitioner / Applicant

POONARAM KHIMARAM CHAUDHARY
Respondent STATE OF MAHARASHTRA & OTHERS
Court Bombay High Court
State

Maharashtra

Date Oct 16, 2024
Order No.

WRIT PETITION NO. 13752 OF 2024

Citation

2024(10) TAXREPLY 11265
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ORDER

P.C. :- 1. Heard learned counsel for the parties. 2. This petition challenges the order dated 25 August 2023 made by the State Tax Officer demanding tax, interest, and penalty from the petitioner. 3. The petitioner instituted an appeal against this order on 25 May 2024, claiming that he learned of this order only on 21 March 2024 when his bank received a notice from the State Tax Officer under Section 79 (1) for remittance of the amount demanded under the impugned order dated 25 August 2023. Surprisingly, this appeal was withdrawn on 25 August 2024 to institute this petition “as per the legal advice of the advocate.” 4. If the petitioner claims he did not know of the order dated 25 August 2023 until 21 March 2024, then we are quite surprised as to why the appeal was withdrawn since the limitation would prima facie start from the date of knowledge. Be that as it may, the withdrawal of the appeal does not satisfy the rule of exhaustion of alternate remedies....

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