HINDUSTAN PETROLEUM CORPORATION LTD., THRU. AUTH. SIGNATORY Vs. COMMISSIONER OF COMMERCIAL TAX, U.P. AND OTHERS
LAWS(ALL)-2018-5-667
HIGH COURT OF ALLAHABAD
Decided on May 07,2018

Hindustan Petroleum Corporation Ltd., Thru. Auth. Signatory Appellant
VERSUS
Commissioner Of Commercial Tax, U.P. And Others Respondents

JUDGEMENT

SHABIHUL HASNAIN,J. - (1.) Heard Sri Pradeep Agrawal, learned counsel for petitioner as well as learned Standing Counsel.
(2.) Petitioner has made following prayers in this writ petition : "a. issue a writ or direction in the nature of Writ of Certiorari quashing the seizure under section 129(1) as well as imposition of tax and penalty under section 129 (3) on the good transported in Vehicle No. HR 38/P-7464 from Haryana to Lucknow, as contained in Annexure No. 1 and 3 to this writ petition after summoning the records. b. issue a writ in the nature of mandamus directing the Opposite parties to release the goods without any security as well as the truck seized under subsection 1 of section 129, since the State E-Way bill though required was still downloaded from the portal of the U.P.GST before the interception/seizure memo dated 24.2.2018. c. issue such other suitable writ, order or direction be issued as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. d. Award the costs of the petition to the petitioner."
(3.) After arguments it transpires that the matter is squarely covered by the judgment of this Court delivered on 13.4.2018 in Writ Petition No. 5536 (M/B) of 2018, copy of which has been annexed as Annexure-7 to the writ petition.;


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