Disposed

Krishna Nand v. State of U.P. and 3 Others

Allahabad HC10 Jan 2020WTAX/2/2020

Case brief

AI extract

What is this about?

This court disposed of a writ petition filed to quash orders for recovery of Transport Tax. The court permitted the petitioner to pay the admitted tax amount in three equal installments, stating that no recovery would be made if the terms were met.

What did the court decide?

Allowed payment of admitted tax in three equal installments; no recovery to be made upon compliance with the installment schedule.

Krishna Nand Vs State of U.P. and 3 Others — Writ and Judicial Review | Allahabad HC (2020)

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Court No. - 4

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Case :- WRIT TAX No. - 2 of 2020

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Petitioner :- Krishna Nand Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dinesh Kumar Singh,Naveen Kumar Yadav Counsel for Respondent :- C.S.C.

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Hon'ble Bala Krishna Narayana,J. Hon'ble Shamim Ahmed,J.

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Heard learned counsel for the petitioner and Shri Avanish Tripathi, learned Standing Counsel for the respondent nos. 1 to 4.

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This writ petition has been filed by petitioner with the following prayer :

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(i) Issue a writ, order or direction in the nature of certiorari quashing the order dated 30.7.2019 passed by the respondent no. 3 and 31.10.2019 issued by the respondent no. 4 to recovery of Transport Tax amounting to Rs. 2,23,542 and others;

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(ii) Issue, another writ, order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances of case; and

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(iii) Award cost of writ petition.

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The petitioner has prayed that he may be allowed to pay the admitted tax amount of Rs.1,18, 800/- in easy installments in pursuance of the order dated 30.07.2019 passed by the respondent no.3.

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Learned Standing Counsel has no objection in accepting the amount in easy installments.

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Accordingly, this Court fixes three equal installments for the petitioner. The first installment will become payable by 15th of February, 2020 and the rest two installments will be paid by the petitioner on the 15th day of each succeeding month. Any amount of tax, if already deposited by the petitioner, the same shall be adjusted.

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Insofar as the penalty is concerned, it is open to the petitioner to file an appeal before the appropriate authority.

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In case, the petitioner deposits the amount in installments as stated above, no recovery may be made against the petitioner.

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Failure to deposit any installment within time as stated above will leave it open to the respondents to proceed in accordance with law.

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With the aforesaid observations, the writ petition stands disposed of. No costs.

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Order Date :- 10.1.2020 SA

Krishna Nand v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Krishna Nand v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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