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2024 (4) TMI 422

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..... considered by a coordinate bench of this Court in M/S MOHINI TRADERS VERSUS STATE OF U.P. AND ANOTHER [ 2023 (6) TMI 531 - ALLAHABAD HIGH COURT ] as also in MAHAVEER TRADING COMPANY VERSUS DEPUTY COMMISSIONER STATE TAX AND ANOTHER [ 2024 (3) TMI 334 - ALLAHABAD HIGH COURT ] where it was held that The impugned order cannot be sustained in the eyes of law. It has been passed in gross violation of f .....

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..... y of remand. - Hon'ble Saumitra Dayal Singh And Hon'ble Donadi Ramesh JJ. For the Petitioner : Ashish Bansal, Niraj Kumar Singh For the Respondent : C.S.C. ORDER 1. Heard Sri Niraj Kumar Singh, learned counsel for the petitioner-assessee and Sri Ankur Agarwal, learned counsel for the revenue. 2. Challenge has been raised to the order dated 17.03.2023 passed by respondent no.2 under Secti .....

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..... view of the facts noted above and the earlier decisions of the Court, no useful purpose may be served in keeping the present petition pending or calling for a counter affidavit at this stage. 5. Accordingly, the present writ petition is allowed . The impugned order dated 17.03.2023 is set aside. The matter is remitted to the respondent no.2/Assistant Commissioner, Sector - 8, Varanasi (A) : Varan .....

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