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M/S. BHARAT TRADERS vs. M/S. BHARAT TRADERS
(Allahabad High Court)

Hon'ble Judges:

SUNITA AGARWAL
DEEPAK VERMA
Pet. Counsel
Mohit Behari Mathur
Res. Counsel
A.s.g.i
C.s.c

Petitioner / Applicant

M/S. BHARAT TRADERS
Respondent M/S. BHARAT TRADERS
Court Allahabad High Court
State

Uttar Pradesh

Date Feb 22, 2021
Order No.

Writ Tax No. - 830 of 2020

Citation

2021(2) TAXREPLY 3911
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ORDER

Parcha/appearance, filed by Sri Rajesh Kumar Singh, Advocate on behalf of respondents No.1 and 2, is taken on record. Heard learned counsel for the petitioner, learned standing counsel for the respondents No. 3 & 4 and Sri Rajesh Kumar Singh, learned counsel for respondents No. 1 and 2. Challenging the order of the original authority under Section 129 (1) (b) of the Central Goods and Services Tax Act, 2017 (hereinafter referred to as 'the C.G.S.T. Act, 2017) as also the order of the first appellate authority under Section 107 of the Act for levy of tax and penalty, the contention of the learned counsel for the petitioner that G.S.T. Tribunal under the Act, 2017 has yet not been constituted. As a result of which, the petitioner cannot avail the remedy of appeal to the Appellate Tribunal under Section 112 of the Act, 2017. Further contention is that the petitioner has shown his willingness to pay the tax and penalty fixed by the C.G.S.T. authority under Section 129 (1)....

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