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M/S MOORTI BRICK FIELD, DEOBAND, SAHARANPUR AND ANOTHER versus THE TRADE TAX TRIBUNAL MUZAFFARNAGAR & OTHERS

High Court of Judicature at Allahabad

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M/S Moorti Brick Field, Deoband, Saharanpur And Another v. The Trade Tax Tribunal Muzaffarnagar & Others - WRIT TAX No. 795 of 2003 [2003] RD-AH 206 (14 July 2003)

 

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 OF ALLAHABAD

COURT NO.34

Civil Misc. Writ Petition No.795 of 2003

M/S. Moorti Brick Field, Deoband     ...... Petitioner

Versus

The Trade Tax Tribunal & Ors          ....... Respondents

Hon. Dr. B.S. Chauhan, J.

Hon. D.P. Gupta, J.

This writ petition has been filed praying that the respondents be restrained from making any recovery from the petitioner in pursuance of the assessment order in respect of assessment year 1999-2000, on a misconception that the Trade Tax Appellate Tribunal has granted interim relief to the extent of 55 percent of the tax amount and for the remaining 45 percent, the learned Tribunal has directed to furnish security and in respect of that, respondent nos. 2 and 3 have taken coercive measures to recover the said amount and have issued citation to make recovery as an arrear of land revenue. The order passed by the learned Appellate Tribunal is silent so far as the 45 percent of the tax amount is concerned. It has only stayed the recovery to the tune of 55 percent  till the disposal of the appeal and in respect of the said amount, the petitioner assessee was directed to furnish security. It appears to be a clear-cut case of misrepresentation and petitioner has not approached with clean hands, clean mind and with clean objectives and in view of the above, we are not inclined to grant any indulgence.

The petition is accordingly dismissed.

14.07.2003

AHA


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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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