JUDGEMENT
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(1.)The challenge in this writ petition is to an order dated 29-10-2011 passed by the Assistant Commissioner (CT) (LTU), (FAC), Ananthapur under the provisions of the Andhra Pradesh Value Added Tax, 2005.
(2.)On going through the order passed by the Assistant Commissioner, we find that it is an appealable order. Under the circumstances, we are not inclined to entertain this writ petition challenging the order and leave it open to the petitioner to challenge the order by way of an appeal.
(3.)We may note that in State of Himachal Pradesh v. Gujarat Ambuja Cement Ltd., 2005 142 STC 1, the Supreme Court held as follows:
There are two well recognized exceptions to the doctrine of exhaustion of statutory remedies. First is when the proceedings are taken before the forum under a provision of law which is ultra vires, it is open to a party aggrieved thereby to move the High Court for quashing the proceedings on the ground that they are incompetent without a party being obliged to wait until those proceedings run their full course. Secondly, the doctrine has no application when the impugned order has been made in violation of the principles of natural justice. We may add that where the proceedings itself are an abuse of process of law the High Court in an appropriate case can entertain a writ petition.
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