Single judge court dismissed a writ petition seeking quashing of a recovery citation from the tax department because the petitioner failed to file objections after receiving the notice.
The writ petition seeking quashing of the recovery citation was dismissed.
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Court No. - 39
Case :- WRIT - C No. - 34802 of 2018
Petitioner :- Duryodhan Prajapati Respondent :- State Of U P And 4 Others Counsel for Petitioner :- A.T. Pandey Counsel for Respondent :- C.S.C.,Kapil Dev Singh Rathore
Hon'ble B. Amit Sthalekar,J. Hon'ble Surya Prakash Kesarwani,J.
Heard Sri A.T. Pandey, learned counsel for the petitioner, Sri Kapil Dev Singh Rathore, learned counsel for the respondents no.2 and 3 and the learned Standing Counsel for the respondents no.1, 4 and 5.
The petitioner in the writ petition is seeking quashing of the recovery citation dated 07.08.2018. We find that a provisional assessment was made by the department on 19.9.2017 and thereafter, a notice was issued to the petitioner on 15.6.2018, Annexure-3 to the writ petition to either deposit the amount or submit his objections, if any, within 15 days.
Learned counsel for the petitioner on being pointedly asked whether any objection has been filed by the petitioner, stated that no objection has been filed till date.
In this view of the matter, we do not find it appropriate to grant protection to the petitioner if he himself has been a thorough defaulter. We, therefore, do not find any merit in the writ petition and the same is accordingly, dismissed. The petitioner may approach the department, if so advised.
Order Date :- 12.10.2018 Kirti
Duryodhan Prajapati
State Of U P
4 Others
B. Amit Sthalekar
Surya Prakash Kesarwani
As recorded by the court registry
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