SMT. MEENA ANIL JAIN VERSUS STATE OF U.P. AND 3 OTHERS

Waiver of the bar of alternative remedy – detention of goods alongwith vehicle – it was alleged that neither there was any genuine transport agency nor there was any genuine buyer disclosed in the documents found accompanying the goods – HELD THAT:- While the writ petition is being provisionally entertained because of non constitution of Tribunal, insofar as interim relief is concerned, it is provided that the order of confiscation of the truck, shall remain in abeyance, subject to the petitioner depositing with the respondent no.3, an amount equal to tax on the goods found loaded on the truck within two weeks from today.

List on 16.10.2019 alongiwth Writ Tax No. 942 of 2018.

No.- Writ Tax No. – 1068 of 2019

Dated.- September 24, 2019

Citations:

  1. M/s Jai Baba Amarnath Industries Versus , State Of U.P. And 3 Others Counsel for – 2019 (12) TMI 168 – ALLAHABAD HIGH COURT

Hon’ble Saumitra Dayal Singh, J.

Counsel for Petitioner :- Rohan Gupta

Counsel for Respondent :- C.S.C.

ORDER

1. Heard Sri Sameer Gupta, Advocate, holding brief of Sri Rohan Gupta, learned counsel for the petitioner and learned Standing Counsel for the respondents.

2. Learned counsel for the petitioner submits that the petitioner is only the owner of the truck and that he had no involvement in the actual transaction which the revenue alleges was bogus inasmuch as neither there was any genuine transport agency nor there was any genuine buyer disclosed in the documents found accompanying the goods.

3. At present, the writ petition has been filed against the order of the first appeal authority claiming waiver of the bar of alternative remedy since the Tribunal has yet not been constituted.

4. Learned Standing Counsel prays for and is granted two weeks’ time to file counter affidavit.

5. List on 16.10.2019 alongiwth Writ Tax No. 942 of 2018.

6. While the writ petition is being provisionally entertained because of non constitution of Tribunal, insofar as interim relief is concerned, it is provided that the order of confiscation of the truck bearing registration no. MH-49 AT 0889 shall remain in abeyance, subject to the petitioner depositing with the respondent no.3, an amount equal to tax on the goods found loaded on the truck within two weeks from today. The amount so deposited shall abide by final orders passed in the writ petition.

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