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KAY PAN FRAGRANCE PVT. LTD. vs. STATE OF U.P. AND 4 OTHERS
(Allahabad High Court)

Hon'ble Judges:

MANOJ KUMAR GUPTA
Pet. Counsel
Pooja Talwar
Res. Counsel
B.k. Pandey

Petitioner / Applicant

KAY PAN FRAGRANCE PVT. LTD.
Respondent STATE OF U.P. AND 4 OTHERS
Court Allahabad High Court
State

Uttar Pradesh

Date Jun 16, 2020
Order No.

Writ Tax No. - 314 of 2020

Citation

2020(6) TAXREPLY 2542
Original Order
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ORDER

Heard Ms. Pooja Talwar, learned counsel for the petitioner and Sri B.K. Pandey, learned Standing Counsel for the respondents. The petitioner has preferred the instant petition under Article 226 of the Constitution challenging the penalty order dated 18.12.2017, the appellate order dated 6.1.2018 and also for a direction to the respondent authorities to refund the full amount of security deposited by the petitioner. It is not disputed that the impugned orders are appealable under Section 112 of the C.G.S.T. Act, 2017. The appeal is to be filed within 90 days from the date on which the order sought to be appealed is communicated to the person preferring the appeal. The instant petition has been filed by-passing the remedy of appeal under Section 112 of the Act on the ground that the appellate tribunal has not been constituted till date. It has been pointed out by learned standing counsel that the Government, having regard to the difficulty faced by the assessees in fil....

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