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2024 Supreme(All) 786

SUBHASH VIDYARTHI
Rajshi Processors Raebareli Thru. Its Partner Ashok Kumar Lakhotia – Appellant
Versus
State Of Uttar Pradesh Thru. Prin. Secy. Deptt. Of State Tax,Lko. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Anurag Mishra
For the Respondent: C.S.C.

JUDGMENT :

Subhash Vidyarthi, J.

1. Heard Sri Pranjal Shukla, learned counsel for the petitioner and Sri Vikram Soni, learned Additional Chief Standing Counsel.

2. By means of the instant petition filed under Article 226 of the Constitution of India, the petitioner has prayed for quashing of the order dated 16.07.2021 passed by the Deputy Commissioner, Commercial Tax, Division-1, Raebareli, Lucknow (B), whereby the tax liability and penalty has been imposed on the petitioner on the ground that he had been paid false input tax credit. The petitioner has also challenged the validity of an order dated 10.04.2024 passed by Additional Commissioner. Grade-2 (Appeal)-Ist, State Tax, Lucknow, whereby the Appeal bearing number GST 37/2021, filed by the petitioner, against the aforesaid order dated 16.07.2021, has been dismissed.

3. Briefly stated, the facts of the case are that the petitioner is engaged in manufacturing and sale of Aluminum Casting & Machinery Parts. The petitioner had filed GSTR 3B for the month of May, 2019, August, 2019 and December, 2019. The Deputy Commissioner, Special Investigation Branch, Commercial Tax, Lucknow had conducted a survey of the place of business on 25.02.2

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