High Court of Judicature at Allahabad
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Sompat Singh v. State Of U.P. Thru' Secry. U.P.S.R.T. Corp. And Others - WRIT TAX No. 1738 of 2006  RD-AH 20263 (29 November 2006)
Hon'ble Rajes Kumar, J.
Learned Standing Counsel prays for and is granted three weeks time to file counter affidavit. Rejoinder affidavit may be filed within two weeks thereafter.
The vehicle has been seized for the dues against the vehicle at Rs.3,70,630/- Chief Judicial Magistrate, Chandauli has directed the release of the vehicle on the condition of the deposit of the entire amount of Rs.3,70,7630/-. Learned counsel for the petitioner submitted that the liability of tax is only to the extent of Rs.12,500/- and the demand of additional tax to the extent of Rs.3,58,130/-, is not justified.
Having Regard to the facts and circumstances of the case, in case, if the petitioner deposits Rs.1,80,000/- and furnishes the security for the balance amount in the form other than cash or bank guarantee, seized vehicle no.DL-1VA-1327 be released.
Further in case, if the petitioner files a detailed application before R.T.O., Chandauli disputing its liability, R.T.O., Chandauli is directed to consider the application and pass a reasoned order after giving opportunity to the petitioner within a period of one month from the date of filing of the application, in case, if the matter relating to the demand of tax has already not been adjudicated.
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