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2013 (9) TMI 224 - ALLAHABAD HIGH COURTReassessment under UP VAT - Refund of Tax – Issue was with regard to Refund of the tax deposited by the assesse for the A.Y. 1999-2000 for reassessment u/s 21 (2) of the UP Trade Tax Act – Held that:- The order of re-assessment based on the exercise of powers under Section 21 (2), was vitiated by non-application of mind and non-recording of reasons - The amount of discounts was actually offered and was passed on to the consumers - A specific finding was recorded that by credit notes the amount was refunded to the consumers. Sahkari Khand Udyog Mandal Ltd vs. Commissioner of Central Excise and Custom [2005 (3) TMI 116 - SUPREME COURT OF INDIA] - the refund of the excess tax so realized had to be made in favour of the person (consumer) from whom the same had been realized - There was no fresh material nor any tangible evidence was brought in any survey or in subsequent years which may have indicated that the discounts were actually not received by the consumers and that it was only a paper transaction by credit notes - The entire exercise of the powers of reassessment was vitiated by non-application of mind and non-recording of the reasons in the order passed by the Additional Commissioner, Grade-I u/s 21 (2) of the Act – order set aside – Decided in favor of assesse.
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