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K.M. FOODS INFRASTRUCTURE PVT LTD vs. JOINT COMMISSIONER AND ANOTHER
(Allahabad High Court)

Hon'ble Judges:

PRITINKER DIWAKER
ASHUTOSH SRIVASTAVA

Pet. Counsel

Pooja Talwar

Res. Counsel

C.s.c.

Petitioner / Applicant	K.M. FOODS INFRASTRUCTURE PVT LTD
Respondent	JOINT COMMISSIONER AND ANOTHER
Court	Allahabad High Court
State	Uttar Pradesh
Date	Sep 26, 2023
Order No.	Writ Tax No. - 1111 of 2023, 1112 of 2023, 1113 of 2023, 1114 of 2023, 1115 of 2023
Citation	2023(9) TAXREPLY 8017
Original Order
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ORDER
ORDER 1. All the above referred writ petitions involve identical questions of law and facts. The Writ Tax No. 1111 of 2023 is being treated as the leading writ petition and the facts pertaining to the same are being considered for deciding the controversy involved. 2. Heard Smt. Pooja Talwar, learned counsel for the petitioner and Shri Ankur Agarwal, learned counsel for the respondents. 3. The challenge laid in this writ petition is to the order dated 28.6.2023 passed by the Deputy Commissioner, State Tax, Khand- 14, Ghaziabad/respondent No. 2 exercising powers under Section 74 read with Section 122 of the UPGST Act, 2017/CGST Act, 2017 in respect of the financial year 2017-18 whereby and whereunder taking into consideration the materials on record tax on suppressed turnover of Rs. 24,12,948/- has been determined as Rs. 6,75,625/- (CGST Rs. 3,37,812.50, SGST Rs. 3,37,812.50) and cess Rs. 38,60,717/- total tax Rs. 45,36,342/- has been determined to be payable. A penalty l....