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2021 Supreme(All) 836

NAHEED ARA MOONIS, SAUMITRA DAYAL SINGH
Gem Aromatics Private Limited – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Madan Lal Srivastava
For the Respondent: C.S.C, Akhilesh Tripathi, C.B.Tripathi, S.K. Kakkar

JUDGMENT :

1. Heard Sri Navin Sinha, learned Senior Counsel assisted by Sri Madan Lal Srivastava, Sri Apoorv Hajela, learned Standing Counsel for the revenue and Sri Sumit Kumar Kakkar, learned counsel for the respondent-Bank.

2. Present writ petition has been filed, effectively to restrain the respondent-State authorities from adopting coercive measures against the property purchased by the petitioner company, under a registered sale-deed dated 16.07.2014. Thereby, Plot Nos.126/1, 10 and 126M situate at Village-Gathauna, Pargana Ujhani, District -Badaun (hereinafter referred to as 'the property-in-dispute') were purchased by the petitioner, from another company -M/s Kanha Vanaspati Ltd.-respondent no.7 (hereinafter referred to as 'assessee-in-default'). Relief has also been sought against the citation dated 26.05.2015, seeking those recoveries from the petitioner.

3. Undisputedly, the ‘assessee-in-default’ was assessed to tax for the A.Ys. 1992-93 (U.P. and Central), 1993-94 (Central), 2006-07 (Central) and 2006-07 (Entry Tax), under the provisions of U.P. Trade Tax Act, 1948, Central Sales Tax Act, 1956 and The U.P. Entry Tax Act. It was further faced with other demands of tax etc.

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