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BHARAT IRON STORE & ANOTHER vs. UNION OF INDIA SECY. & 3 OTHERS
(Allahabad High Court)

Hon'ble Judges:

BHARATI SAPRU
NEERAJ TIWARI
Pet. Counsel
J.p. Pandey
Vandeep Nath
Res. Counsel
C.s.c

Petitioner / Applicant

BHARAT IRON STORE & ANOTHER

Respondent UNION OF INDIA SECY. & 3 OTHERS
Court Allahabad High Court
State

Uttar Pradesh

Date Jan 12, 2018
Order No.

Writ Tax No. - 28 of 2018

Citation

2018(1) TAXREPLY 3070
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ORDER

We have heard Shri J.P. Pandey, learned counsel for the petitioner and Shri C.B. Tripathi, learned Standing Counsel for the respondent. The petitioner has sought a writ of certiorari to quash the seizure order dated 03.01.2018 passed by the respondent nos.3 and 4. From the record it appears that the E-Way Bill, which has been appended to the petition, it is clear that the E-Way Bill itself was downloaded on 07.01.2017 i.e. four days after the seizure has been made. The penalty order has also been passed on 11.01.2018. In these circumstances, the petitioner has equally efficacious remedy of filing an appeal against the penalty order under Section 107 of the U.P. GST Act, 2017. It is left open to the petitioner to take recourse to the statutory remedy available to him under the law. We are not inclined to entertain this petition at this stage. The writ petition is accordingly dismissed. ....

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