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Allahabad High Court
Vipul Kumar & Others vs State Of U.P. & Others on 9 August, 2010
Court No. - 37

Case :- WRIT TAX No. - 1111 of 2010

Petitioner :- Vipul Kumar & Others
Respondent :- State Of U.P. & Others
Petitioner Counsel :- H.P. Dube
Respondent Counsel :- C.S.C.

Hon'ble Yatindra Singh,J.

Hon’ble Rajes Kumar,J.

By means of the present writ petition, the petitioners are challenging the
demand of differential amount of additional tax under the U.P. Motor
Vehicles Taxation Act, 1997 on enhancing the trips.

Learned counsel for the petitioners submitted that the trips were fixed in the
permit and the respondent has no jurisdiction to enhance the trips and,
therefore, the demand is wholly unjustified. He further submitted that the
demand has been raised without giving opportunity of hearing.

Learned Standing Counsel submitted that the claim of the petitioners require
investigation and proper adjudication, which can more appropriately be done
by The Taxation Officer/Assistant Regional Transport Officer (Admin.),
Motor Vehicles Department, Kanpur Nagar (respondent no.2).

In view of the above, we dispose of the writ petition directing the petitioner to
file a representation within a period of two weeks raising their grievances
before the respondent no.2 and the respondent no.2 is directed to decide the
same after giving opportunity of hearing by a reasoned order within another
period of four weeks.

For a period of six weeks or till the disposal of the representation of the
petitioner, whichever is earlier, the demand raised against the petitioners shall
remain stayed.

Order Date :- 9.8.2010
R./


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