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2024 (1) TMI 1106

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....22, 2018 passed by the respondent No.1. 3. The first impugned order dated August 30, 2017 was passed under Section 129(3) of the Uttar Pradesh Goods and Services Tax Act, 2017 (hereinafter referred to as 'the Act') and the second impugned order was passed in appeal. 4. Mr. Suyash Agarwal, learned counsel appearing on behalf of the petitioner submits that during the relevant period there were successive changes in the notification and due to the said fact, the Division Bench of this Court in Godrej Boyce Manufacturing Co. Ltd. vs. State of U.P. and others reported in 2018 NTN (68) 53 held as under: "50. It appears that legislative changes were made in such a quick succession that field authorities could not track themselves with ....

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.... may observe that rule 138 again stood substituted by notification dated March 26, 2018 which has come into force on April 1, 2018 but here also sub-rule (7) has not been made effective. 52. Counsel for the petitioners contended that notification dated September 20, 2017 having been rescinded subsequently will not result in revival of earlier provision but the submission, in our view, does not arise at all in view of discussions made above, showing that rule 138 as substituted by U.P. GST (Fourth Amendment) Rules, 2017 (Notification dated September 20, 2017), as a matter of fact, never became operative. The first amendment by substitution of rule 138 is by way of the U. P. GST (Thirteenth Amendment) Rules, 2018 vide notification dated Jan....