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REAL METALS TRADING vs. UNION OF INDIA AND OTHERS
(Allahabad High Court)

Hon'ble Judges:

SURYA PRAKASH KESARWANI
JAYANT BANERJI
Pet. Counsel
Sandeep Singh
Nishant Mishra
Res. Counsel
Gaurav Mahajan

Petitioner / Applicant

REAL METALS TRADING

Respondent UNION OF INDIA AND OTHERS
Court Allahabad High Court
State

Uttar Pradesh

Date May 19, 2022
Order No.

Writ Tax No. - 753 of 2022

Citation

2022(5) TAXREPLY 5872
Original Order
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ORDER

Sri Nishant Mishra, learned counsel for the petitioner, learned Standing Counsel for the respondent no.1 and Sri Gaurav Mahajan alongwith Sri Dhananjay Awasthi, learned Senior Standing Counsel for the respondent nos. 2 and 3. This writ petition has been filed praying for the following relief:- A- Issue a writ, order or direction in the nature of mandamus directing respondent nos. 2 and 3 to return/refund the amount of Rs. 25,00,000/- along with interest, which was illegally collected from the petitioner on 09.04.2021 (after search dated 06.04.2021) and thereafter retrained by respondents without any authority of law." Perusal of DRC-03 shows that petitioner voluntarily deposited Rs. 50,00,000/- on 09.04.2021. Sri Dhananjay Awasthi, learned Senior Standing Counsel for the respondent nos. 2 and 3 states on instructions that petitioner has himself admitted in his voluntary statement dated 09.04.2021 that his liability to deposit amount around Rs. 50,00,00....

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