9911796707
TMI Blog2014 (5) TMI 177X X X X Extracts X X X X X X X X Extracts X X X X ..... wani,JJ. For the Petitioner : Ashok Kumar Dwivedi For the Respondent : C.S.C. ORDER We have heard learned counsel for the petitioner. The petitioner firm is registered under the U.P. Value Added Tax Act and deals in sale and purchase of coal and coke. By this writ petition the petitioner has prayed for directions restraining the respondents to charge transit fee under the U.P. Transit of Timber and Other Forest Produce Rules, 1978 and the business of sale, purchase and transportation of coal both on the consignment brought from outside State of U.P. and inside State of U.P. for business purpose. He has also prayed for directions to the respondents not to charge any transit fee from the petitioner on coal. The pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... capacity of per lorry and the 5th Amendment to the Rules of 1998 by which fees was further enhanced from 5% to 15% ad valorum on the value of the forest produce for transportation. By an order dated 29th October, 2013 all these matters have been directed to be listed by the Supreme Court in February, 2014 and in the meantime considering the three different interim orders passed, the Supreme Court found it expedient to rationalise and consequently modify the interim orders. The operative portion of the modified order in all the pending matters in Apex Court dated 29th October, 2013 is as follows:- 1) The State shall be free to recover transit fee for forest produce removed from within the State of U.P. at the rate stipulated in the 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of the Supreme Court in special leave petition in which both the judgment in Kanhaiya Singh (Supra) and NTPC Ltd. (Supra) are under challenge. Learned counsel for the petitioner states that since the Supreme Court had modified the order on 29.10.2013, this Court may allow same benefit to the petitioner until special leave petitions are decided. The prayer made by the petitioner is in conformity with the decision in NTPC Ltd. Anr. v. State of U.P. Ors. (Supra). The Apex Court has also modified the interim order on the same terms permitting realisation of transit fee in accordance with Third Amendment to the Rules, until special leave petitions are decided. This writ petition is accordingly disposed of with the same directions ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
