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DEVENDRA KUMAR SINGH CONTRACTOR vs. UNION OF INDIA AND OTHERS
(Allahabad High Court)

Hon'ble Judges:

ARUN BHANSALI
KSHITIJ SHAILENDRA
Pet. Counsel
Sanjeet Kumar Yadav
Res. Counsel
A.s.g.i.
Anant Kumar Tiwari

Petitioner / Applicant

DEVENDRA KUMAR SINGH CONTRACTOR

Respondent UNION OF INDIA AND OTHERS
Court Allahabad High Court
State

Uttar Pradesh

Date Apr 15, 2025
Order No.

Writ Tax No. - 1606 of 2025

Citation

2025(4) TAXREPLY 12954
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ORDER

ORDER 1. This writ petition has been filed by the petitioner aggrieved of the order dated 20.08.2024 passed by respondent no.2 under Section 73(9) of the Goods and Services Tax Act, 2017 (for short 'the Act') whereby a demand to the tune of Rs. 33,17,688/- has been created. 2. The petitioner was issued a show cause notice under Section 73 of the Act on account of non-payment of GST to which a reply was filed indicating that as respondent no.3 - Dhampur Sugar Mills Limited has agreed that it will deposit GST, the petitioner cannot be called upon to deposit the same. The respondents came to the conclusion that the action of the petitioner in not depositing the same, based on purported agreement between the parties, amounts to short tax paid and consequently passed the order impugned. 3. Learned counsel for the petitioner attempted to make submissions that the petitioner and respondent no.3 had agreed in the work order that GST will be paid by respondent no.3. Relia....

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