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2019 (8) TMI 744 - ALLAHABAD HIGH COURTRate of tax - ACR Conductor - rate of 4% on the sale of goods in view of the notification dated 7 March 2005 - jurisdiction under section 22 of the Trade Tax Act - In the instant case, admittedly the transaction was liable to be taxed at 4% but the assessee has only canvased the ground of equity and that he was not at fault while submitting the Form 3 Kha, wherein the rate of Tax was endorsed, hence he cannot be held liable - HELD THAT:- The aforesaid argument does not hold good in light of the settled legal position discussed hereinabove. Equity will have to give way to the provisions of law and in the present case according to the Notification No. KA–NI–2–731/XI-9(37) U.P. Act– 15-48–order(14)– 2005, dated 07.03.2005, the transaction was liable to be taxed at the rate of 4% - the Assessing Authority, rightly exercising the jurisdiction vested in him under Section 22 of the Trade Tax Act to rectify the mistake and to levy Tax on the transaction in question as per Notification No. KA–NI–2–731/XI-9(37) U.P. Act–15-48– order(14)–2005, dated 07.03.2005. It is always open for the respondent to recover the shortfall of Tax levied on the goods supplied from the purchaser in accordance with law. Revision allowed.
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