Court No. - 6
Case :- WRIT TAX No. - 1156 of 2018 Petitioner :- Manish Kumar Tiwari Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rahul Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ashok Kumar,J.
Heard Sri H.P. Mishra, learned counsel for the petitioner and Sri A.C. Tripathi, learned standing counsel.
With the consent of counsel for the parties the petition is disposed by issuing following directions :
In case, if the petitioner deposits 1/3rd of the disputed amount assessed within a period of two weeks from today and file a fresh elaborate application enclosing a copy of the rejection order passed by the Commissioner Entertainment, U.P. Lucknow rejecting the review application, the learned Divisional Commissioner may decide the appeal afresh by a reasoned and speaking order. The said order be passed by the Divisional Commissioner within a period of one month from the date of institution of the appeal. The Divisional Commissioner may not reject the appeal on the ground of delay.
The order already passed by the Divisional Commissioner dated 16.7.2018 is set aside. No recovery shall be affected till the decision taken by the Divisional Commissioner.
Order Date :- 21.8.2018 S.S.