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M/S PASHUPATI CEMENTS (P) LTD. versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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M/S Pashupati Cements (P) Ltd. v. State Of U.P. & Others - WRIT TAX No. - 1731 of 2007 [2007] RD-AH 18843 (13 December 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE AT ALLAHABAD

Hon'ble Sushil Harkauli, J.

Hon'ble Vikram Nath, J.

The petitioner wants the respondents to be restrained from demanding/charging transit fee on the transportation of ''clinker' and ''fly ash' by the petitioner. So far as ''fly ash' is concerned, an order dated 29.11.2007 has already been passed by a Division Bench of this Court in Writ Petition No. 1629 (tax) of 2007, prima facie holding that ''fly ash' cannot be included within the expression ''forest produce'.

Accordingly, we restrain the respondents from demanding/charging transit fee on the transportation of ''fly ash' by the petitioner during the pendency of this writ petition.

So far as ''clinker' is concerned, the interim order will be considered on the next date. List this case on 8th January 2008 to enable the Standing Counsel to file a short counter affidavit.

Dated: 13.12.2007

RCT/-w.p.no.1731 of 07 (tax)


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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