M\/s Ashoka Enterprises Versus State Of UP And 2 Others
GST
2018 (5) TMI 1615 – ALLAHABAD HIGH COURT – TMI
ALLAHABAD HIGH COURT – HC
Dated:- 14-5-2018
Writ Tax No. 765 of 2018
GST
Hon'ble Krishna Murari And Hon'ble Ashok Kumar, JJ.
\nFor the Petitioner : Nishant Mishra,Vipin Kumar Kushwaha
\nFor Respondent : C.S.C.
\nORDER
\nIn compliance of our order dated 09.05.2018 Smt. Kamni Chauhan Ratan (respondent no. 2) Commissioner of State Tax, U.P. Goods & Service Tax, Lucknow and Sri Raj Kumar Kureel (respondent no. 3) Assistant Commissioner, State Tax, Mobile Squad, Unit-III, Noida are present in person.
\nSri Manish Goel, learned Additional Advocate General points out that the petitioner has been described as M\/s Ashoka<\/p>\n
= = = = = = = =<\/p>\n
Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n n in the pleadings in respect of the description of the petitioner and it is not clear that Sri Fazil is the actual proprietor of the firm or Sri Ashok Kumar Agarwal. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n e petitioner firm at least 25 times which goes to show that he is a habitual evader of tax. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n","protected":false},"excerpt":{"rendered":" M\/s Ashoka Enterprises Versus State Of UP And 2 OthersGST2018 (5) TMI 1615 – ALLAHABAD HIGH COURT – TMIALLAHABAD HIGH COURT – HCDated:- 14-5-2018Writ Tax No. 765 of 2018 GSTHon'ble Krishna Murari And Hon'ble Ashok Kumar, JJ. For the Petitioner : Nishant Mishra,Vipin Kumar Kushwaha For Respondent : C.S.C. ORDER In compliance of our order … Continue reading “M\/s Ashoka Enterprises Versus State Of UP And 2 Others”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-11958","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=\/wp\/v2\/posts\/11958","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=11958"}],"version-history":[{"count":0,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=\/wp\/v2\/posts\/11958\/revisions"}],"wp:attachment":[{"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=11958"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=11958"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=11958"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
For full text:-Visit the Source <\/a><\/p>\n
\nSri Manish Goel, learned Additional Advocate General further pointed out paragraphs 11 and 12 of the writ petition wherein averments have been made in respect of the generation of the E-way bill and producing the same before respondent no. 2 on the same date and submission of reply to the show cause notice under Section 129 (3) of the Act, which according to the pleadings made in the paragraphs, has not been issued at that point of time and the reply was obtained under threat and coercion are sworn on the basis of the record which totally falsifies the averments in the said p<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nLet a counter affidavit be filed on behalf of the respondents bringing all these facts on record within ten days. Rejoinder affidavit may be filed within a week thereafter.
\nPut up in Additional Cause List on 29.05.2018.
\nPersonal appearance of both the officials on future date is exempted. In case, allegations and anomalies pointed out by Sri Manish Goeal, learned Additional Advocate General are found to be established after exchange of affidavits, the question of imposing heavy exemplary costs and proceedings for initiation of contempt upon the petitioner shall be considered on the next date of hearing.
Case laws, Decisions, Judgements, Orders<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n