M/S Hind Ent Udyog, Hardoi Thru. Partner Syed Anisul Hasan and Others vs State of U.P. Thru. Prin. Secy. (Tax and Registration) U.P. Govt. Lko. and Others

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Court No. - 3 Case :- WRIT TAX No. - 137 of 2024 Petitioner :- M/S Hind Ent Udyog, Hardoi Thru. Partner Syed Anisul Hasan And Others Respondent :- State Of U.P. Thru. Prin. Secy. (Tax And Registration) U.P. Govt. Lko. And Others Counsel for Petitioner :- Pradeep Agrawal Counsel for Respondent :- C.S.C.

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Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.

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Heard Sri Pradeep Agrawal, learned counsel for the petitioner and learned Standing Counsel appearing on behalf of the State Respondents.

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This petition has been filed with the following main prayer:-

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"(a) Issue a Writ, order or direction in the nature of Certiorari quashing the purported clarification with respect to levy of GST on mining activity w.e.f. 01.07.2017 as contained in item H6 of the Press Release issued pursuant to the 45th meeting of the GST Council on 17.09.2021 (Annexure No.4 to the writ petition)."

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It has been informed by Sri Pradeep Agrawal, learned counsel for the petitioner, that nine Judges Larger Bench of Hon'ble Supreme Court has heard the argument and reserved the judgement on 14.03.2024, a copy of such order passed in Civil Appeal No.4056-4064 of 1999: Mineral Area Development Authority Etc. Vs. M/S Steel Authority of India and others, has been produced before this Court .

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List and connect with Writ Tax No.18 of 2024: Agrawal Int. Udyog, Shahjahanpur Road, Hardoi Vs. State of U.P. and others.

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In the meantime, respondents may also file their counter affidavit.

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Until further orders, payment of GST for grant of mining lease/ royalty by the petitioner shall remain stayed.

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Order Date :- 23.5.2024 Rahul

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Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench

M/S Hind Ent Udyog, Hardoi Thru. Partner Syed Anisul Hasan and Others v. State of U.P. Thru. Prin. Secy. (Tax and Registration) U.P. Govt. Lko. and Others

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M/S Hind Ent Udyog, Hardoi Thru. Partner Syed Anisul Hasan and Others v. State of U.P. Thru. Prin. Secy. (Tax and Registration) U.P. Govt. Lko. and Others

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