Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2011 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (7) TMI 1082 - ALLAHABAD HIGH COURTWhether the applicant shall not be entitled to the benefit of section 4A of the U. P. Trade Tax Act, 1948 qua the investment of ₹ 16,74,368 made towards purchase of dyes and moulds, as also in respect of expenditure made towards purchase of hydraulic oil to the tune of ₹ 61,468? Held that:- Merely because there has been mention of the words dyes and moulds in the details furnished by the revisionist towards capital fixed investment, it cannot be said that the same were not an essential part of plant and machinery. The issue as to whether the investment made towards dyes and moulds by the revisionist in the facts of the case would answer the description of investment towards plant and machinery as was provided for under the unamended Act has to be gone into with reference to the material fact relevant for deciding the same. Accordingly, the order of the Tribunal dated October 11, 2001 is hereby set aside. The second appeal No. 152 of 2000 is restored to its original number. Let the Tribunal re-examine the matter in the light of the observations made hereinabove, preferably within three months from the date a certified copy of this order is filed before it.Trade tax revision is allowed.
|