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Raghunath Laxmi Narayan Spices Pvt. Ltd., Varanasi v. State Of U.P. And Others - WRIT TAX No. 68 of 2002 [2007] RD-AH 3194 (26 February 2007)


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Court No. 36

Civil Misc. Writ Petition No.  68 of 2002

Raghunath Laxmi Narayan Spices Pvt. Ltd., Varanasi


State of Uttar Pradesh and others.

Hon'ble R.K.Agrawal, J.

Hon'ble Bharati Sapru, J.

By means of the present writ petition the petitioner has challenged the notice dated 28th December, 2001 issued by the Assistant Commissioner (Computer), Trade Tax, Varanasi- respondent no3 for the Assessment Year 1998-99 under Section 30 of the U.P. Trade Tax Act read with Rule 41(8) of the U.P. Trade Tax Rules on the ground that inspite of  the applications having been made for summoning the original records and for producing the persons for cross-examination under Rule 75 of the U.P. Trade Tax Act no orders are being passed on the said applications and the authority concerned is in hurry to complete the assessment.

We have heard Sri Kunwar Saxena, learned counsel for the petitioner and Sri M.R.Jaiswal, learned standing counsel for the respondents.

Learned counsel for the petitioner submitted that the applications under Section 75 of the U.P. Trade Tax Act have been filed and the respondent no.3 is not passing any order thereon and instead is proceeding hurriedly to complete the assessment which is not permissible under law. Sri M.R.Jaiswal, learned standing counsel submitted that if the applications are pending the respondent no.3 shall pass appropriate orders on the said applications in accordance with law and thereafter shall proceed to complete the assessment.

In view of the statement made by Shri M.R.Jaiswal, learned standing counsel, we dispose of the writ petition with the direction to the respondent no.3 to pass appropriate orders in accordance with law on the petitioner's applications filed under Section 75 of the U.P. Trade Tax Act for summoning the original records and for cross examination of the persons concerned before proceeding to complete the assessment.

The writ petition is disposed of with aforesaid observations. Interim order, if any, stands discharged.




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