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AIR TRANSPORT CORPORATION (ASSAM) PVT. LTD. vs. STATE OF U.P. AND 3 OTHERS
(Allahabad High Court)

Hon'ble Judges:

BHARATI SAPRU
NEERAJ TIWARI
Pet. Counsel
Suyash Agarwal
Res. Counsel
C.s.c

Petitioner / Applicant

AIR TRANSPORT CORPORATION (ASSAM) PVT. LTD.

Respondent STATE OF U.P. AND 3 OTHERS
Court Allahabad High Court
State

Uttar Pradesh

Date Jan 5, 2018
Order No.

Writ Tax No. - 829 of 2017

Citation

2018(1) TAXREPLY 2976
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ORDER

Heard Sri Suyash Agarwal, learned Counsel for the petitioner and Sri Manish Goyal, learned Additional Advocate General assisted by Sri C.B. Tripathi, learned Standing Counsel for the State. This writ petition has been filed by the petitioner seeking a writ of certiorari quashing the notice dated 22.11.2017 issued u/s 129(3) of UPGST Act as well as order dated 30.11.2017 passed u/s 129 (3) of the Act by which the respondent no.4 has directed the petitioner to deposit the penalty in excess of 50% of value of goods contrary to section 129 (1) (b) of the Act. There is a second prayer also seeking a writ of mandamus to release the goods covered under seizure memo dated 22.11.2017 on the furnishing security for 'applicable tax' as well as additional penalty @ 50% of value of goods as reduced by tax paid thereon as per Section 129 (1) (b) of UPGST Act 2017 and vehicle forthwith. Against the order dated 30.11.2017 the petitioner has an statutory efficacious alternative remed....

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