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Sandeep Kumar v. Special Secretary (Excise), Govt. Of U.P. & Others - WRIT TAX No. 65 of 2007  RD-AH 1289 (22 January 2007)
Hon'ble Rajes Kumar, J.
Learned Counsel for the applicant states that the license of the petitioner was cancelled on 22.3.2003, therefore, he was not liable for payment of any license fee or any other amount for the period after 22.3.2003. He submitted that even after cancellation of the license, the amount has been accepted by the Excise Authorities for lifting the minimum quota, but the quota has not been released and the same amount is still lying with the Excise Authorities. He submitted that the security amount is also available with the Excise Authorities, thus, the recovery proceedings is not justified.
In view of the aforesaid facts, the realization of the dues relating to the period after cancellation of the license, shall remain stayed. Any dues for the period prior to 22.3.2003 shall be adjusted with the amount of security and with the amount deposited after 22.3.2003.
Learned Standing Counsel may file Counter-affidavit within four weeks. Rejoinder-affidavit may be filed within two weeks thereafter.
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