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ABHISHEK SALES vs. STATE OF U.P. AND 2 OTHERS
(Allahabad High Court)

Hon'ble Judges:

MANOJ KUMAR GUPTA
Pet. Counsel
Shubham Agrawal
Res. Counsel
C.s.c

Petitioner / Applicant

ABHISHEK SALES
Respondent STATE OF U.P. AND 2 OTHERS
Court Allahabad High Court
State

Uttar Pradesh

Date Jan 9, 2020
Order No.

Writ Tax No. - 7 of 2020

Citation

2020(1) TAXREPLY 1302
Original Order
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ORDER

Learned counsel for the petitioner submitted that since Appellate Tribunal under the U.P. Goods and Services Tax Act, 2017 has not been constituted so far, consequently, the petitioner has no other alternative remedy except to approach this Court in writ jurisdiction. He further points out that while filing first appeal, the petitioner had deposited 10% of the disputed amount of tax as a pre-condition for filing the appeal. In respect of the remaining amount, he had furnished security. He further states that the petitioner is ready and willing to deposit an additional 20% of the remaining amount of tax in dispute in compliance of the requirements under Section 112 (8) of the Act. The further submission is that since the provisions of the Act are not at all attracted to the transaction in question, therefore, the imposition of penalty and tax is wholly illegal. Accordingly, the petition is entertained. The Revenue is already represented, which may file counter affidav....

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