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TMI Blog2018 (5) TMI 1615X X X X Extracts X X X X X X X X Extracts X X X X ..... e situation but it appears that we were misled by the petitioner and at the time of first hearing neither the fact had been pointed out by learned Standing Counsel appearing for the State-respondents nor we noticed the same and without noticing the fact we required the respondents no. 2 & 3 to be present in person. Sri Manish Goel, learned Additional Advocate General has also placed before us t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... person. Sri Manish Goel, learned Additional Advocate General points out that the petitioner has been described as M/s Ashoka Enterprises through its proprietor Sri Fazil. The affidavit is also sworn by Sri Fazil describing himself to be sole proprietor of the firm. Vakalatnama has also been executed by Sri Fazil describing himself to be proprietor of the firm whereas the representation/applica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respect of the generation of the E-way bill and producing the same before respondent no. 2 on the same date and submission of reply to the show cause notice under Section 129 (3) of the Act, which according to the pleadings made in the paragraphs, has not been issued at that point of time and the reply was obtained under threat and coercion are sworn on the basis of the record which totally falsi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irm at least 25 times which goes to show that he is a habitual evader of tax. Let a counter affidavit be filed on behalf of the respondents bringing all these facts on record within ten days. Rejoinder affidavit may be filed within a week thereafter. Put up in Additional Cause List on 29.05.2018. Personal appearance of both the officials on future date is exempted. In case, allegations an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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