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Case Law Details

Case Name : Homes 4 U Realtors Vs State Of Maharashtra (Bombay High Court)
Appeal Number : Writ Petition No.3999 of 2021
Date of Judgement/Order : 12/09/2022
Related Assessment Year :
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Homes 4 U Realtors Vs State of Maharashtra (Bombay High Court)

1. Pursuant to the directions issued by this Court on 14th December 2021, Petitioner has filed further affidavit affirmed on 5th February 2022. To the affidavit is annexed the copies of documents which certainly indicate that Petitioner had made attempts to obtain registration certificate under the Maharashtra Value Added Tax Act, 2002 and under the Central Sales Tax Act, 1956.

2. Petitioner is aggrieved by assessment orders dated 31st March 2020 and 16th March 2021 under which Petitioner has been treated as un­registered dealer.

3. Having considered these documents annexed to further affidavit dated 5th February 2022, learned AGP in fairness agreed that Petitioner has made an attempt to register and therefore Court may set aside impugned orders dated 31st March 2020 and 16th March 2021 and remand the matter for de-novo consideration.

4. Therefore, impugned orders dated 31st March 2020 and 16th March 2021 are set aside. We direct the assessing officer to consider Petitioner’s application for registration and also permit Petitioner to register himself as registered dealer with retrospective effect.

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