M/S Gaur Sons Hi-Tech ... vs State Of U.P. And 3 Ors.
2016 Latest Caselaw 1122 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 
Case :- WRIT TAX No. - 304 of 2016
 
Petitioner :- M/S Gaur Sons Hi-Tech Infrastructure Pvt. Ltd.
 
Respondent :- State Of U.P. And 3 Ors.
 
Counsel for Petitioner :- Ashok Kumar,Praveen Kumar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Dilip Gupta,J.

Hon'ble Surya Prakash Kesarwani,J.

Supplementary affidavit filed today, is taken on record.

It is stated by the learned counsel for the petitioner that the issue involved in this writ petition is similar to the issue raised in Writ Tax No.262 of 2016 (M/s Gaur Sons Promotors Pvt. Ltd. vs. State of U.P and 3 others) in which an interim order was granted on 18 March 2016.

It is stated that respondent no.4 was provisionally assessed to tax under Section 25 of the U.P. Value Added Tax Act, 2008 for the months of April 2015 to November 2015. It is for this reason that the notice has now been issued to the petitioner under Section 33 (7) of the Act for deposit of Rs.36 lacs which is due to be paid by the petitioner to respondent no.4.

It is submitted by the learned counsel for the petitioner that respondent no.4 submitted a revised return and has accepted the sales made to the petitioner and that in the revision filed by respondent no.4 before the High Court, the Court has stayed the recovery of the entire amount of tax.

Shri C.B. Tripathi, Special Counsel has accepted notice on behalf of respondent nos.1, 2 and 3.

Issue notice to respondent no.4 by registered post. Steps be taken within a week.

The respondents may file their counter affidavits within ten days.

List this petition on 18 April 2016 as it is stated that on the said date Writ Tax No.262 of 2016 and the connected matters are likely to be listed.

Till the next date of listing, the operation of the impugned notice dated 11 March 2016 and the consequential notices shall remain stayed.

Order Date :- 31.3.2016

Ajeet

(Surya Prakash Kesarwani,J.) ( Dilip Gupta,J.)