- (1.) We have heard Sri Bharat Ji Agrawal, learned senior advocate assisted by Sri Piyush Agrawal, learned counsel for the petitioner and Sri S.P. Kesarwani, learned standing counsel for the State-respondent. Civil Misc. Delay Condonation Application No. 74514 of 2008. Cause shown for the delay in filing the review application is sufficient. The delay in filing the Review Application No. 74515 of 2008 stands condoned. Application is allowed. Civil Misc. Review Application No. 74515 of 2008.
(2.) By means of this writ petition the petitioner who is a manufacturer and has undertaken expansion, has prayed for quashing of the notices issued by the assessing authority calling upon it to deposit the admitted tax excluding stock transfer from the quantity of base production, in view of decision of Division Bench of this court dated September 28, 2007 in Writ Petition No. 278 of 2004 (Tax) between Ambika Steels Pvt. Ltd. v. State of Uttar Pradesh, 2008 12 VST 390 (All). The petitioner has further prayed for a writ of mandamus retraining the assessing authority from taking any further proceedings for imposition of taxes in respect of stock transfer which have been included in the quantity of base production for the assessment year 2007-08.
(3.) The writ petition was dismissed vide judgment and order dated December 18, 2007 following the decision of Division Bench of this court dated September 28, 2007 passed in Writ Petition No. 278 of 2004 (Tax) between Ambika Steels Pvt. Ltd. v. State of Uttar Pradesh, 2008 12 VST 390 (All).;