Court No. - 3
Case :- WRIT TAX No. - 551 of 2021 Petitioner :- M/S Rama Dairy Products Limited Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vishwjit Counsel for Respondent :- C.S.C.
Hon'ble Naheed Ara Moonis,J. Hon'ble Saumitra Dayal Singh,J.
Heard Sri Vishwjit, learned counsel for the petitioner and Sri Manu Ghildiyal, learned counsel for the respondents.
Solitary grievance of the petitioner is that during the pendency of the three recall applications all dated 28.05.2021 filed by the petitioner to recall the ex parte assessment orders for the Assessment Years 2008-09 (Central), 2008-09(UP) and 2008-09 (Entry Tax), recoveries are being pressed.
In view of the aforesaid facts, no useful purpose would be served in keeping the present petition pending or calling for a counter affidavit.
Without entering into merit of the case, we dispose of the writ petition with a direction upon the respondent no.2 to decide the petitioner's recall applications dated 28.05.2021 (Annexure-4 to the writ petition), as expeditiously as possible, within a period of one month from today, after affording reasonable opportunity of hearing to the petitioner. For the said purpose, petitioner will appear before the respondent authority on 23rd August, 2021 along with a copy of this order on which date authority will proceed to decide those applications or fix a short date for that purpose.
For a period of one month or till disposal of recall applications, whichever is earlier, no coercive measure shall be taken taken against the petitioner pursuant to the impugned demand notices.
Order Date :- 12.8.2021 A.Kr.