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EVEREST TRADING COMPANY vs. STATE OF U.P. THROUGH PRINCIPAL
(Allahabad High Court)

Hon'ble Judges:

SIDDHARTHA VARMA
Pet. Counsel
Nishant Mishra
Tanmay Sadh
Res. Counsel
C.s.c

Petitioner / Applicant

EVEREST TRADING COMPANY

Respondent STATE OF U.P. THROUGH PRINCIPAL
Court Allahabad High Court
State

Uttar Pradesh

Date Feb 25, 2020
Order No.

Writ Tax No. - 223 of 2020

Citation

2020(2) TAXREPLY 1460

Original Order
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ORDER

The contention of the learned counsel for the petitioner is that after the goods were intercepted on 6.12.2019, the petitioner approached the authorities with an intention to get the goods and the vehicle released after the payment of tax as was payable under Section 129(1)(a) of the GST Act. However, when the tax as was being paid by the petitioner was not accepted and imposition of tax was being done under Section 129 (1)(b) of the Act, an Appeal under Section 107 (1) of the Act was filed. When, however, the Appellate Court instead of adjudicating as to whether the amount was payable under Section 129 (1) (a) or under Section 129 (1) (b) adjudicated on different aspects as well on 28.1.2020, the petitioner has filed the instant petition under the Article 226 of the Constitution of India. Learned counsel for the petitioner further submitted that under Section 168 of the U.P. GST Act, 2017, a certain Government Order had also been issued on 1.7.2017 (annexed as annexure no. ....

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