The High Court disposed of a writ petition allowing the petitioner to pay tax in four equal instalments. Upon paying half the amount, the petitioner's vehicle will be released. No recovery can be made if instalments are paid as agreed.
Order to pay tax in four equal instalments; vehicle released on payment of half amount.
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Court No. - 35 Case :- WRIT TAX No. - 177 of 2019 Petitioner :- Anil Singh Respondent :- State Of U.P. And Another Counsel for Petitioner :- Rakesh Chandra Counsel for Respondent :- C.S.C.
Hon'ble Bharati Sapru,J. Hon'ble Piyush Agrawal,J.
Heard Shri Rakesh Chandra, learned counsel for the petitioner and Shri Vinod Kant, learned Additional Advocate General assisted by Shri B.P. Singh Kachhawah, learned Standing Counsel for the State.
The petitioner has prayed that he may be allowed to pay the tax amount in easy instalments in pursuance of the order dated 19.01.2019 issued by the respondent no.2.
Learned Standing Counsel has no objection in accepting the amount in easy instalments.
Accordingly, this Court fixes four equal instalments for the petitioner. The first instalment will become payable by 26th of February, 2019 and the rest three instalments will be paid by the petitioner on the inter-well of every 15 days. On payment of half of the amount the vehicle of the petitioner be released forthwith.
Insofar as the penalty is concerned, it is open to the petitioner to file an appeal before the appropriate authority.
In case, the petitioner deposits the amount in instalments as stated above, no recovery may be made 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 :- 11.2.2019 S.P.
Anil Singh
State Of U.P.
Another
Sapru
Agrawal
As recorded by the court registry
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