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Allahabad High Court
Dwarikesh Sugar Industries Ltd. vs State Of U.P. And Others on 28 January, 2010
Court No. - 37

Case :- WRIT TAX No. - 114 of 2010

Petitioner :- Dwarikesh Sugar Industries Ltd.
Respondent :- State Of U.P. And Others
Petitioner Counsel :- Piyush Agarwal,Bharat Ji Agrawal
Respondent Counsel :- C.S.C.

Hon'ble Rajes Kumar,J.

Hon’ble Subhash Chandra Nigam,J.

By means of the present writ petition, the petitioner is challenging the validity
of the provisions of Entry Tax, 2007.

This Court has entertained several writ petitions and stayed the recovery of
entry tax subject to furnishing of the Bank guarantee. In the present writ
petition, there is nothing to show that there is any recovery of entry tax. It
appears that some penalty order has been passed under Section 48(5) of U.P.
VAT Act on 30.11.2009. Against the said order, the petitioner has an
alternative remedy by way of an appeal under Section 55 of the VAT Act.

It is open to the petitioner to file an appeal against the said penalty order.

Learned Standing Counsel prays for and is granted four weeks’ time to file
counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks
thereafter.

List thereafter.

Order Date :- 28.1.2010
MK/


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