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M/S SUVARAN REKHA COAL COMPLEX PVT.LTD. versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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M/S Suvaran Rekha Coal Complex Pvt.Ltd. v. State Of U.P. & Others - WRIT TAX No. 578 of 2007 [2007] RD-AH 8897 (10 May 2007)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

C.J.'s Court

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

ORIGINAL JURISDICTION

Civil Misc. Writ Petition No.578 of 2007

M/s.Suvarn Rekha Coal Complex Pvt. Ltd., Bharat Nagar, Pandeypur, Varanasi through its Director, Hema Paul, W/o Shri M.Paul, R/o Bharat Nagar, Pandeypur, Varanasi.

......Petitioner

Versus

1.State of U.P. through the Secretary, Institutional Finance, U.P., Lucknow.

2.The Commissioner, Entry Tax/Trade Tax, U.P.,  Lucknow.

3.The Assistant Commissioner (Assessment)-V, Trade Tax, Varanasi [Assessing Authority].

...Respondents

CORAM: Hon'ble H.L. Gokhale, C.J.

                   Hon'ble R.K.Agrawal, J.

Date: 10.5.2007.

P.C.

1. Heard Mr. Alok Kumar, in support of this petition and Mr. Jaiswal, learned Standing Counsel, appearing for the respondents.

2. The writ petition seeks to challenge the provisions of the U.P. Tax on Entry of Goods Act, 2000. the concerned provisions have been struck down by a judgement of this Court in the case of Indian Oil Corporation, reported at 2004 UPTC 170. That decision has been carried in appeal by the State Government and the decision of the Apex Court is awaited.

3. In the circumstances, the writ petition be listed for admission after decision of the Civil Appeal from the Apex Court.

4. In the meanwhile, by way of an interim order, the orders passed by the Apex Court in the Civil Appeal as modified from time to time, will be applicable to the petitioner also.

10.5.2007

mt

                                  (R.K.Agrawal)        Chief Justice


Copyright

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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