Court No. - 40
Case :- WRIT - C No. - 20639 of 2018 Petitioner :- Sabir Respondent :- State Of U.P. And Another Counsel for Petitioner :- Roshan Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Shashi Kant,J.
Heard learned counsel for the petitioner.
The petitioner is under dues of entertainment tax from January, 2016 to May, 2017 the challenge raised is to the recovery notice dated 03.01.2018.
Learned counsel for the petitioner has pointed out that in paragraph no.15 of the writ petition it has been clearly stated that the petitioner is ready and willing to pay the entire dues provided the amount already paid be deducted and he be given some breathing time to deposit the dues preferably in insatllments.
We are not inclined to entertain this writ petition inasmuch as fixing of installments in the exercise of powers under Article 226 of the Constitution of India in respect of realization of Government taxes can not be entertained. The petitioner can however approach the respondent no.1 who may consider this request of the petitioner and issue such orders that may be necessary and may be possible in accordance with law. The writ petition stands disposed of.
Order Date :- 31.5.2018 R./