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M/S JAI BABA AMARNATH INDUSTRIES, CORP MEDITECHE PRIVATE LIMITED, RSPL LIMITED, M/S UJALA MARKETING AND 2 OTHERS, M/S CREAMY FOOD PVT. LTD, M/S ABHISHEK ENTERPRISES, M/S GOPI CHAND BATRA TRADERS, M/S RADHA FRAGRANCE AND M/S GSV PRODUCTS vs. STATE OF U.P. AND 3 OTHERS, UNION OF INDIA AND 4 OTHERS
(Allahabad High Court)

Hon'ble Judges:

SAUMITRA DAYAL SINGH
Pet. Counsel
Rahul Agarwal
Nishant Mishra
Pooja Talwar
Res. Counsel
B.k. Pandey
Devendra Gupta

Petitioner / Applicant

M/S JAI BABA AMARNATH INDUSTRIES, CORP MEDITECHE PRIVATE LIMITED, RSPL LIMITED, M/S UJALA MARKETING AND 2 OTHERS, M/S CREAMY FOOD PVT. LTD, M/S ABHISHEK ENTERPRISES, M/S GOPI CHAND BATRA TRADERS, M/S RADHA FRAGRANCE AND M/S GSV PRODUCTS

Respondent STATE OF U.P. AND 3 OTHERS, UNION OF INDIA AND 4 OTHERS
Court Allahabad High Court
State

Uttar Pradesh

Date Aug 21, 2019
Order No.

Writ Tax No. - 942 of 2018, 1049 of 2018, 940 of 2019, 13 of 2019, 87 of 2019, 370 of 2019, 1632 of 2018, 427 of 2019, 1635 of 2018

Citation

2019(8) TAXREPLY 2062

Original Order
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ORDER

1. Heard Sri Rahul Agarwal, Sri Nishant Mishra, Ms. Pooja Talwar, Sri Naveen Chandra Gupta, Sri Praveen Kumar, Sri Rishi Raj Kapoor, Sri Shubham Agrawal, Sri Murari Mohan Rai & Sri A.P. Mathur, learned counsel for the respective petitioners, Sri B.K. Pandey, learned counsel for the State-respondent and Sri Devendra Gupta, learned counsel appearing for the Union of India. 2. These and other connected writ petitions have come to be filed before this Court against the orders passed by various first appeal authorities under the U.P. GST Act, 2017 (hereinafter referred to as the Act). While these orders are mostly referable to Section 107 of the Act, the legislature has contemplated remedy of appeal against such orders before the Appellate Tribunal (to be constituted under Section 109 of the Act). While the Act was enforced w.e.f. 01.07.2017 and more than two years have passed since then, the Tribunal has yet not been constituted. 3. At the same time relying on an affidavit i....

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