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TIKAULA SUGAR MILLS LTD. vs. STATE OF U.P. AND 3 OTHERS
(Allahabad High Court)

Hon'ble Judges:

SIDDHARTHA VARMA
Pet. Counsel
Rahul Agarwal
Res. Counsel
C.s.c

Petitioner / Applicant

TIKAULA SUGAR MILLS LTD.

Respondent STATE OF U.P. AND 3 OTHERS
Court Allahabad High Court
State

Uttar Pradesh

Date Jan 27, 2020
Order No.

Writ Tax No. - 1364 of 2019

Citation

2020(1) TAXREPLY 1338
Original Order
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ORDER

Rejoinder affidavit filed toady be kept on record. This writ petition has been filed against the order of the Appellate Court dated 3.10.2019 by which the appeal has been dismissed as being barred by limitation. It is the contention of the learned counsel for the petitioner that the appeal is to be filed by a person aggrieved and the order also ought to have been communicated to the person who is aggrieved. It is clear from the counter affidavit, which has been filed by the State, that the order which was being appealled against was served on one Narendra Singh who admittedly was the driver of the transport agency who was taking the goods to the consignee. As has been held by the judgment reported in 2019 (21) GSTL 145 (All.) : S/S. Patel Hardware Vs. Commissioner of State GST that the intention of the Statute was that the order which was required to be appealled against under section 107(4) of the Goods and Service Tax Act, 2017 (hereinafter referred to as....

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