Court No. - 9 Case :- WRIT TAX No. - 901 of 2010 Petitioner :- Ravindra Kumar Gupta Respondent :- State Of U.P. And Others Petitioner Counsel :- Manu Ghildyal,C.P. Cghildyal Respondent Counsel :- C.S.C. Hon'ble Vijay Manohar Sahai,J.
Hon’ble Krishna Murari,J.
Heard learned counsel for the petitioner and learned standing counsel.
It is contended that in pursuance of the demand notice dated 19.08.2009
imposing a sum of Rs.1,76,171/- as additional tax and penalty under section 6
of the U.P. Motor Vehicle Taxation Act, 1997, the petitioner deposited the
entire amount. Again a demand notice dated 07.04.2010 has been issued for
the period 01.04.2009 to 31.10.2009 for a sum of Rs.2,36,747/- as additional
tax and penalty without adjusting the amount already paid for the period
01.04.2009 to 30.06.2009.
From the perusal of record, there appears to be force in the submission and the
petitioner is entitled for adjusting a sum of Rs.1,56,171/-, which is already
stated to have been paid.
Learned standing counsel may file counter affidavit within six weeks.
Petitioner will have three weeks thereafter for filing rejoinder affidavit.
Considering the facts and circumstances, it is provided that the recovery
proceedings against the petitioner shall remain stayed, provided he deposits
the amount after adjusting Rs.80,576/- within a period of six weeks from
today. In case of default, interim order shall stand automatically vacated.
Order Date :- 18.6.2010
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