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DM ADVERTISERS AGENCY THRU. ITS MANAGING PARTNER AND 7 ORS. vs. STATE OF U.P. AND 3 ORS.
(Allahabad High Court)

Hon'ble Judges:

PANKAJ MITHAL
SAUMITRA DAYAL SINGH
Pet. Counsel
C.k.parekh
Res. Counsel
Vashishtha Tiwari

Petitioner / Applicant

DM ADVERTISERS AGENCY THRU. ITS MANAGING PARTNER AND 7 ORS.

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

Uttar Pradesh

Date Feb 14, 2019
Order No.

Writ Tax No. - 562 of 2018

Citation

2019(2) TAXREPLY 2410

Original Order
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ORDER

Heard Sri C.K. Parekh, learned counsel for the appellants. Sri Vashistha Tiwari has appeared for Mathura Vrindavan Nagar Nigam whereas learned Standing counsel for the State of U.P. The Additional Advocate General is also present but he has choosen not to add anything. The petitioners are advertising companies. They have challenged the vires of the Mathura Vrindavan Nagar Nigam (Vigyapan Kar Ka Nirdharan and Wasuli Viniyaman) Upvidhi, 2017 as ultra-vires to the provisions of the U.P. Municipal Corporation Act, 1959 Central GST Act as well as U.P. GST Act and Articles 14 and 19 of the Constitution of India. The submission is that the aforesaid bye-laws were notified in the Official Gazette and were enforced w.e.f. 6.1.2018 but on the said date the Municipal Corporation had no authority in law to impose any advertisement tax. It is submitted that Advertisement tax has been levied in view of Section 172 (2) (h) of the U.P. Municipal Corporation Act which stood deleted w.e.f....

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