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SATYENDRA GOODS TRANSPORT CORP. THRU. PROP. BHUWAN KOHLI & A vs. STATE OF U.P. THRU. PRIN. SECY. TAX & REGISTRATION & OTHERS
(Allahabad High Court)

Hon'ble Judges:

PRASHANT KUMAR
RAJAN ROY
Pet. Counsel
Pradeeo Agrawal
Res. Counsel
Deepti Tripathi

Petitioner / Applicant

SATYENDRA GOODS TRANSPORT CORP. THRU. PROP. BHUWAN KOHLI & A

Respondent STATE OF U.P. THRU. PRIN. SECY. TAX & REGISTRATION & OTHERS
Court Allahabad High Court
State

Uttar Pradesh

Date Apr 13, 2018
Order No.

Misc. Bench No. 5536 of 2018

Citation

2018(4) TAXREPLY 3059
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ORDER

Heard Sri Pradeep Agarwal, learned counsel for the petitioner, Sri Rahul Shukla, learned Addl. C.S.C. for the opposite party nos.1, 3 and 4, Dr. Deepti Tripathi, learned counsel for the opposite party no.2. This is a writ petition under Article 226 of the Constitution of India seeking a writ of certiorari quashing the orders of seizure under section 129(1) as well as imposition of tax and penalty under section 129(3) of the U.P. Goods and Services Tax Act 2017 (hereinafter referred as ''U.P.G.S.T. Act 2017'). A preliminary objection was raised by Sri Rahul Shukla, learned Addl. Chief Standing Counsel appearing for the State, on the ground of availability of a statutory remedy of appeal before the Addl. Commissioner, Grade II (Appeal) under section 107 of the U.P.G.S.T. Act 2017, however, Sri Pradeep Agarwal, learned counsel for the petitioner responded by submitting that the very basis for the impugned action i.e. Rule 138 of U.P.G.S.T. Rules 2017 and the notific....

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