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Firm Ishar Das Harbans Lal And Others v/s Excise And Taxation Commissioner, Punjab, And Another

    Decided On, 28 August 1953
    At, High Court of Punjab and Haryana
    By, THE HONOURABLE MR. JUSTICE KHOSLA
    For the Appearing Parties: K.L. Gosain, S.M. Sikri, Advocates.


Judgment Text
This application must be dismissed on the preliminary ground. The petitioner has not chosen to pursue the remedy provided by the Sales Tax Act. Similar applications were considered by a Division Bench of this Court in Writ Application No. 390 of 1952 (Since reported as Kandhari Oil Mills, Jullundur, and Others v. Excise and Taxation Commissioner, Punjab and Another [1953] (4 S.T.C. 367)). Falshaw and Kapur, JJ., in a very considered judgment took the view that the Sales Tax Act provides a perfectly legal remedy for challenging the tax levied by the State Government and that in the circumstances a writ should not issue. The application for writ was therefore dismissed on that preliminary ground. I see no reason to differ from the considered view expressed by a Division Bench of this Court which I

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am bound to follow and dismiss the present application with costs. Application dismissed.