This court disposed of a writ petition where the petitioner was granted leave to pay a tax recovery amount of Rs.1,98,303/ in four equal monthly instalments, with no coercive action against timely payment.
Petitioner allowed to pay Rs.1,98,303/- in four equal monthly instalments; coercive measures stayed upon compliance.
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Court No. - 35 Case :- WRIT TAX No. - 175 of 2019 Petitioner :- Miskeen Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Akhilesh Singh,Shivam Yadav Counsel for Respondent :- C.S.C.
Hon'ble Bharati Sapru,J. Hon'ble Piyush Agrawal,J.
Heard Shri Shivam Yadav, learned counsel for the petitioner and Shri B.P. Singh Kachhawah, learned Standing Counsel for the respondents.
The petitioner has prayed that he may be allowed to pay the amount of Rs.1,98,303/- in easy instalments in pursuance of the recovery citation dated 13.08.2018.
Learned Standing Counsel for the contesting respondent has no objection in accepting the amount in easy instalments.
Accordingly, this Court fixes four equal monthly instalments for the petitioner. The first instalment will become payable on 13th of March 2019 and the rest three instalments will be paid by the petitioner on the 13th day of each succeeding month.
In case, the petitioner deposits the amount in instalments as stated above, no coercive measures regarding recovery may be taken against the petitioner.
Failure to deposit any instalment within time as stated above will leave it open to the respondents to proceed in accordance with law.
With the aforesaid observations, the writ petition stands disposed of. No costs.
Order Date :- 13.2.2019
pks
2 issues framed by the court
Whether the petitioner is entitled to pay the recovery amount in instalments.
Whether any coercive measures are maintainable if instalments are deposited on time.
Miskeen
State Of U P
Bharati Sapru
Piyush Agrawal
As recorded by the court registry
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